Tuck v. Manning
New York Supreme Court
Appeal from special term, Hew York county. Separate actions by Somerville P. Tuck, William W. Wilshire, Jr., as ancillary administrator of William W. Wilshire, and Henry Amy, against Jerome F. Manning.
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Appeal from special term, Hew York county. Separate actions by Somerville P. Tuck, William W. Wilshire, Jr., as ancillary administrator of William W. Wilshire, and Henry Amy, against Jerome F. Manning. The plaintiffs Wilshire and Amy, in their respective actions, appeal from an order obtained by plaintiff Tuck, in his suit, requiring Hugh J. Grant, sheriff, to take an attachment and execution from the flies of the county clerk, cancel the returns thereon, and proceed thereunder according to law.
1Opinion of the CourtO’Brien, J.
This appeal grows out of certain.attachments issued to Mr. Grant, as sheriff, in the year 1889, against the property of one Manning. Each of the plaintiffs in the above-entitled action issued attachments, and each subsequently issued, one or more executions, some against attached property, and others not against attached property. The sheriff, under the attachments, levied on a claim supposed to be due Manning from Lawrence Giles & Co., of this city. This Arm denied the indebtedness to Manning, and the sheriff returned one of the attachments and the execution in the case of Tuck unsatisfied,…
2Cases cited5 opinions
- Barker v. . BinningerNew York Court of Appeals · 1856
- Christal v. . KellyNew York Court of Appeals · 1882
- Pach v. . GilbertNew York Court of Appeals · 1891
- The People v. . AmesNew York Court of Appeals · 1866
- Pach v. . OrrNew York Court of Appeals · 1889