# Bennett v. . Brown

> New York Court of Appeals · December 5, 1850 · 4 N.Y. 254

URL: https://www.frixlaw.com/law-library/cases/3624916

## Case

- **Full name:** Bennett v. . Brown.
- **Court:** New York Court of Appeals
- **Decided:** December 5, 1850
- **Citations:** 4 N.Y. 254
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Bronson, Gardiner
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3624916

## Opinion text

The supreme court decided long ago, that neither affidavit nor bond was necessary on issuing an attachment against a non-resident debtor, under the 33d section of the non-imprisonment law, ( Clark v. Luce, 15 Wend . 479; Bates
v. Relyea, 23 id . 336,) and although there is room for question whether the proper construction was given to the statute, ( Taylor v. Heath, 4 Denio, 592 ,) still, as it is not a palpable case of error, and the decisions in question have been acted on for many years, I think they should now be followed. A great number of attachments have undoubtedly been issued against non-residents within the last fifteen years, without either affidavit or bond; and if we now hold that both or either were necessary, the proceedings in those cases will all be void, ( Vosburgh v. Welch, 11 John . 175; Adkins v. Brewer, 3 Cowen, 206; Loder v. Phelps, 13 Wend . 46; Gold v. Bissell, 1 id . 210,) and the door will be opened for a flood of litigation. I am, therefore, for affirming the decision, and JEWETT, J. is of the same opinion.
Judgment reversed, and judgment for plaintiffs on demurrer. *Page 257

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3624916. Public record. Not legal advice.