German American Bank v. Morris Run Coal Co.
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court in the first judicial department affirming orders of Special Term fixing the fees and compensation of the sheriff of Erie county upon attachments issued to him in the actions above entitled."
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Appeals from orders of the General Term of the Supreme Court in the first judicial department affirming orders of Special Term fixing the fees and compensation of the sheriff of Erie county upon attachments issued to him in the actions above entitled." (Reported below, 9 Hun, 205.) Said sheriff, by virtue of the attachments, levied upon a quantity of coal, which was taken from him by virtue of a writ of replevin issued in an action to recover possession, brought • by one Lynch, who claimed as assignee of defendants. Judgments were perfected in these actions, which were subsequently settled…
1Opinion of the CourtEarl, J.
The question to be determined by us is whether a sheriff who has seized property by virtue of a warrant of attachment issued under the Code is entitled to poundage in case of the subsequent settlement of plaintiff’s claim before any sale of the property by the sheriff.
Under the Revised Statutes, a sheriff who had seized property by virtue of an attachment was bound to keep it until trustees were appointed, when he was required to deliver it over to them, excepting perishable property which he could sell by order of the officer issuing the attachment. Eor his services he was entitled to fifty…
2Cases cited4 opinions
- Crofut v. . BrandtNew York Court of Appeals · 1874
- In re BunchNew York Supreme Court · 1835
- Bolton v. LawrenceNew York Supreme Court · 1832
- McKay v. HarrowerNew York Supreme Court · 1858
3Cited by7 opinions
- Peck v. City National Bank of Grand RapidsMichigan Supreme Court · 1883
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1882
- Anderson v. Shawnee Compress Co.Supreme Court of Oklahoma · 1906
- Webb Press Co. v. BierceSupreme Court of Louisiana · 1906
- In re HulbertNew York Court of Common Pleas · 1882
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