Clark v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John W. Smith, 2d, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 10th day of July, 1900, upon the decision of the court rendered after a trial at the Tates Trial Term before the court, a jury having been waived, and also from an order entered in said clerk’s office on the 2d day of . July, 1900, denying the defendants motion for a new trial made under section 1002 of…
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Appeal by the defendant, John W. Smith, 2d, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 10th day of July, 1900, upon the decision of the court rendered after a trial at the Tates Trial Term before the court, a jury having been waived, and also from an order entered in said clerk’s office on the 2d day of . July, 1900, denying the defendants motion for a new trial made under section 1002 of the Code of Civil Procedure.
1Opinion of the Court
Latjghlih, J.:
On the 20th day of February, 1897, an attachment was delivered to the defendant as sheriff of Tates county in favor of the plaintiff *525herein in an action brought against one Champlin. Subsequently and on the same day a second attachment was issued and delivered to the sheriff in an action brought by Elisha Champlin against the same defendant. The sheriff levied upon certain personal property of-the defendant in the attachment suits in the order of the delivery of the warrants of attachment to him. Judgment was perfected - in plaintiff’s attachment suit on the 8th of April, 1897,…
2Cases cited5 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Haebler v. . MyersNew York Court of Appeals · 1892
- Pach v. . GilbertNew York Court of Appeals · 1891
- King v. HarrisNew York Supreme Court · 1859
- Pach v. . OrrNew York Court of Appeals · 1889
3Cited by1 opinion
- Robinette v. PriceSupreme Court of Minnesota · 1943