Bowen v. First National Bank
New York Supreme Court
On the twenty-third day of February, 1867, an action arising on contract was commenced in this court by the plaintiff against the defendants. At that time the defendants were a banking association, organized under the provisions of the act of congress passed June 3, 1864, to provide a national currency, located and carrying on business at the village of Medina, in Orleans county.
Read the full summary
On the twenty-third day of February, 1867, an action arising on contract was commenced in this court by the plaintiff against the defendants. At that time the defendants were a banking association, organized under the provisions of the act of congress passed June 3, 1864, to provide a national currency, located and carrying on business at the village of Medina, in Orleans county. An attachment was issued in the action, under which the property of the defendants was seized, on the twenty-third of February, 1867. On the ninth day of March following, a receiver was appointed of the property and…
1Opinion of the CourtDaniels, J.
The Code of Procedure contains no express limitation of the time within which a motion must be made to set aside an attachment. For many purposes, the attachment continues to be operative after the judgment has been recovered and the execution has been issued. And if those events limited the period within which such a motion should be made, very great injustice might in some cases be successfully accomplished by means of an irregular attachment. As the legislature has imposed no such limit, and none is necessarily presented by the recovery of the judgment and the issuing of the execution, the…
2Cases cited1 opinion
- Cleveland Insurance Co. v. ReedSupreme Court of the United States · 1861
3Cited by5 opinions
- Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977
- Cadle v. TracyU.S. Circuit Court for the District of Southern New York · 1873
- Magna Oil & Refining Co. v. Uncle Sam Oil Co.Supreme Court of Oklahoma · 1921
- Cattle Brokers, Inc. v. BillingsNebraska Supreme Court · 1984
- Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977