The Commercial Warehouse Co. v. . Graber
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of 27ew York, affirming an order at Special Term (Spehoeb, J.), denying a motion made by the plaintiff, that the sheriff pay into court $1,500, received by him on the arrest of the defendant. The facts are sufficiently stated in the opinion.
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Appeal from an order of the General Term of the Superior Court of the city of 27ew York, affirming an order at Special Term (Spehoeb, J.), denying a motion made by the plaintiff, that the sheriff pay into court $1,500, received by him on the arrest of the defendant. The facts are sufficiently stated in the opinion. In this case, the $1,500 taken by the sheriff was a security recognized by law as one which the sheriff might take, and was taken, in the manner provided by law, and was not void. (Acker v. Burrall, 21 Wend., 607; S. C., 23 id., 607.) The fact that the deposit was made by a third…
1Opinion of the CourtRapallo, J.
The 197th section of the Code provides that the defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order; that the sheriff shall thereupon give the defendant a certificate of the deposit, and the defendant shall be discharged from custody. By section 198 the sheriff is required to pay into court moneys so deposited. At any time before judgment, the defendant may obtain a return of the money by giving bail and causing them to justify. But if the money remains on deposit at the time of the entry of judgment, the plaintiff is…
2Cited by6 opinions
- Standard Electric Equipment Corp. v. LaszkowskiNew York Court of Appeals · 1953
- Steinberg v. FrankelCity of New York Municipal Court · 1935
- Tiffany v. HarveyAppellate Division of the Supreme Court of the State of New York · 1913
- Chancer v. ChancerAppellate Division of the Supreme Court of the State of New York · 1953
- Fraser v. WardNew York Court of Common Pleas · 1886
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