Treiber v. Mouriocourt

Plaintiff applied for and obtained a warrant of attachment pursuant to sections 73 and 74 of the Albany City Court Act. It appears from the testimony that a marshal of this court, in executing the warrant, entered upon the premises owned by the plaintiff and occupied by the defendant as a tenant and in which certain personal property of the defendant was located. The marshal not only took possession of the personal property but appears to have locked the premises in such manner as to exclude the defendant therefrom.

*742Section 77 of the Albany City Court Act provides that the marshal must levy…