15 N.Y.S. 822 | N.Y. Sup. Ct. | 1891
In Arnot v. Wright, (Sup.) 9 N. Y. Supp. 15, this court held that such a statement as to the county to which the execution was issued was defective, and rendered the affidavit insufficient to support the proceeding. In Lee v. Heirbeger, 1 Code Rep. 38, it was held, under a statute substantially like, the present, that such a statement as to property or indebtedness was defective, and rendered the affidavit insufficient to support the proceeding. The same thing was held by the general term, first department, in Collins v. Beebe, (Sup.) 7 N. Y. Supp. 442, a case under the provision of the Code now in force. The latter two eases were cited and approved by this court in Arnot v. Wright, above cited. In Miller v. Adams, 52 N. Y. 409,