Deutsch v. Reilly
New York Court of Common Pleas
Appeal by the plaintiff from an order of the general term of the Marine Court of the city of New York, affirming an order of that court made at a trial term, granting a motion made by the defendant upon the minutes for a new trial.
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Appeal by the plaintiff from an order of the general term of the Marine Court of the city of New York, affirming an order of that court made at a trial term, granting a motion made by the defendant upon the minutes for a new trial. This action was brought by Isaac Deutsch to recover personal property seized by the defendant, as sheriff of the city and county of New York, under an attachment against the property of Simon H. Friedman, the defendant, in an action in the Marine Court brought by John Eagan. At the trial, plaintiff introduced evidence showing that he had bought the property in…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The question in this case is a very plain one. The attachment was an ample protection to the sheriff as against the defendant in the attach ment whether it was irregularly issued or not, for the sheriff is bound to obey the mandate of the court, and the process protects him. But it is no protection for taking the property of another person than the defendant; for that, he was not commanded to do by the process. He was simply commanded to take the property of the defendant, and if he takes the property of a stranger he must answer to the stranger, the same as any…
2Cases cited5 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Clark v. SkinnerNew York Supreme Court · 1823
- Hall v. TuttleNew York Supreme Court · 1829
- Decker v. BryantNew York Supreme Court · 1849
- Bangs v. GrayNew York Court of Appeals · 1855
3Cited by1 opinion
- Leibman v. AbramsonAppellate Terms of the Supreme Court of New York · 1899