9 Johns. 75 | N.Y. Sup. Ct. | 1812
The warrant was obtained by virtue of the plaintiff's oath; and the act (sess. 31 c. 204. s. 4.) says, that if the plaintiff" shall prove to the satisfaction of any justice, that the defendant is about to depart," &c. he may have a warrant, though the defendant be a freeholder or inhabitant, having a family. Proof here, means legal evidence; and that cannot he the party's own
Judgment affirmed.