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Aldrich v. Shepardson

31 N.Y. Sup. Ct. 494 Court N.Y. Gen. Term English

Judges Hardin, J., not participating in the decision.

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p. 494
Henry B. Aldrich, Respondent, v. Elizabeth Shepardson and another, Administrators, etc., Appellants.

Judgment affirmed. Held, that it was necessary for the constable (the defenants’ intestate) to show a valid attachment to make out a defense ( 5 Hill, 194 ; 6 id., 311 ); that the affidavits on which the attachment was issued were insufficient to confer jurisdiction upon the justice, and that consequently the constable was not in a position to question the good faith of the plaintiff’s mortgage.

Hardin, J., not participating in the decision.