Delaney v. Brett
The Superior Court of New York City
This action was brought by William H. Delaney against Tames E. and Gustavus A. Brett, upon a bond, given to discharge an attachment against the brig Laura Russ, issued under the act of 1862 (laws of 1862, 951). The attachment was granted by Hon. A. L, Bobebtsoit, Chief Justice of the New York Superior Court, on application of the plaintiff, on the 28th of September, 1864. The application did not set forth'that any specification of the lien or claim had been filed.
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This action was brought by William H. Delaney against Tames E. and Gustavus A. Brett, upon a bond, given to discharge an attachment against the brig Laura Russ, issued under the act of 1862 (laws of 1862, 951). The attachment was granted by Hon. A. L, Bobebtsoit, Chief Justice of the New York Superior Court, on application of the plaintiff, on the 28th of September, 1864. The application did not set forth'that any specification of the lien or claim had been filed. The defendants gave the bond in suit to procure the vessel’s discharge. The action was tried on the 23rd of May, 1865, before Hon.…
1Opinion of the CourtBarbour, J.
The objection of the appellants that the attachment against the vessel in this case was not allowed by an officer authorized by law to perform the duties of á justice of the Supreme Court at chambers is untenable. The statute expressly declares that the chief justice and each of the associate justices of the Superior Court shall be and are authorized to perform all the duties which the justices of the Supreme Court out of term are authorized to do and perform by any statute of this State. (3 Rev. Stat., 5th ed., 359; § 17).
It was not necessary that the application for the attachment should…
2Cases cited2 opinions
- Ring v. GibbsNew York Supreme Court · 1841
- Franklin v. PendletonThe Superior Court of New York City · 1850
3Cited by1 opinion
- Sheppard v. SteeleNew York Supreme Court · 1869