From Casetext: Smarter Legal Research

Mowry v. Sanborn

Court of Appeals of the State of New York
May 1, 1875
65 N.Y. 581 (N.Y. 1875)

Summary

In Mowry v. Sanborn, 65 N.Y. 581, the question was raised of the sufficiency of an affidavit of service of notice which was made upon information and belief.

Summary of this case from People ex Rel. Watkins v. B'D of Canvassers

Opinion

Argued January 15, 1875

Decided May term, 1875

N.C. Moak for the appellant.

U.G. Paris for the respondents.



REYNOLDS, C., reads for reversal. LOTT, Ch. C., and GRAY, C., concur in first ground discussed (as to sufficiency of affidavit). DWIGHT, C., concurs in second ground, without expressing opinion as to first.

EARL, C., dissents, reading opinion for affirmance.

Judgment reversed.


Summaries of

Mowry v. Sanborn

Court of Appeals of the State of New York
May 1, 1875
65 N.Y. 581 (N.Y. 1875)

In Mowry v. Sanborn, 65 N.Y. 581, the question was raised of the sufficiency of an affidavit of service of notice which was made upon information and belief.

Summary of this case from People ex Rel. Watkins v. B'D of Canvassers

In Mowry v. Sanborn, 65 N.Y. 581, it was said: "It may, as a general rule, be safely affirmed that, in the sense of the law, a general assertion of a fact in an affidavit upon information and belief proves nothing."

Summary of this case from Matter of Leslie
Case details for

Mowry v. Sanborn

Case Details

Full title:LE ROY MOWRY et al., Respondents, v . JESSE K. SANBORN, Appellant

Court:Court of Appeals of the State of New York

Date published: May 1, 1875

Citations

65 N.Y. 581 (N.Y. 1875)

Citing Cases

United States v. Eighteen Cases of Tuna Fish

If the Fourth Amendment forbids the issue of the attachment, except on probable cause, supported by oath or…

Schermerhorn v. Owens

This is a general rule pertaining to all affidavits upon which it is sought to obtain attachments,…