Shaw v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the-plaintiff, James Gr. Shaw, from parts of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew Y°i’k on'the 29th day of October, 1907, denying the plaintiff’s motion to restrain the sheriff of Hew York county from releasing certain bonds from the levy of an attachment except upon the plaintiff’s giving an undertaking.
1Opinion of the Court
Houghtoh, J.:
The plaintiff obtained an attachment and delivered the same to the sheriff of New York county, who levied upon certain railroad bonds alleged to belong to the defendant. A third party made claim to the bonds, and thereupon the sheriff impanelled a jury to try the validity of such claim. By their verdict the jury found that the bonds belonged to the claimant at the time of the levy, and fixed their value.
The plaintiff claimed that the inquisition was improperly conducted, and moved at Special Term to set aside the verdict of the jury and to enjoin the sheriff from releasing the…
2Cases cited1 opinion
- Cohen v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Montagnino v. MinolfiNew York Supreme Court · 1916