15 Wend. 461 | N.Y. Sup. Ct. | 1836
By the Court,
To justify the issuing an attachment in this case, the plaintiff should have proved that the defendant kept himself concealed with the intent to avoid the service of civil process. 2 R. S. 230, § 26. The question, therefore, is whether the warrant upon which an attempt was made to arrest the defendant, and to avoid which arrest he kept himself concealed, was civil or criminal process. It is argued in support of the judgment of the common pleas, that one object of the statute is to punish fraudulent debtors; that the warrant issues in the name of the people of the. state ; that the person arrested is to be examined, and if found guilty is to be committed to jail—and when committed, is to remain in custody in the same manner as other prisoners on criminal process, until he shall have done certain acts, if judgment passes, or has passed against him. This warrant may issue by the 4th section of the act to abolish imprisonment, &c. (Session Laws of 1831, p. 396, &c.) in four cases : 1. When the defendant is about to remove his property, &c. with intent to defraud his creditors; 2. When he fraudulently conceals rights in action, or refuses to apply them, or stocks, money or evidences of debt, in payment of a judgment, in favor of complainant; 3. When he has assigned or removed, or disposed of any of his property, or is about to do so, with intent to defraud his creditors ; or 4. When the defendant fraudulently contracted the debt, respecting which such suit is brought. By section 26, the removal of property by the owner out of the county, to prevent a levy upon it by virtue of an execution, and the disposal of his property in any manner with intent to defraud any creditor, or to prevent such property from being liable for the payment of his debts, is
