Scott v. . Morgan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. The complaint in this action alleged the commencement of an action in plaintiff’s favor against one Bonner, the issuing of an attachment therein and the levy thereof upon certain specified property of the attachment debtor; the recovery of judgment in said action and the issuing of execution thereon to the sheriff, and the advertisement by him…
1Opinion of the Court
Ruger, Ch. J.
The complaint was dismissed upon the trial on the opening, upon the motion of the defendant, upotii the ground that the “ only remedy of the plaintiff was to sue the sheriff, and that no action would lie in favor of a judgment creditor against a third person for wrongful interference with property previously attached and levied upon by the sheriff.”
The court granted the motion upon the ground above stated. The respondent now seeks to avail himself in support of the judgment of an additional ground for his motion appearing in the clerk’s minutes printed as a part of the record,…
2Cases cited9 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Peck v. . TiffanyNew York Court of Appeals · 1849
- Stevens v. HydeNew York Supreme Court · 1860
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- Ansonia B. and C. Co. v. . ConnerNew York Court of Appeals · 1886
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