Castellanos v. . Jones
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a verdict in favor of the defendants. This was an action of trespass against the sheriff of New York, and others, for taking certain goods and chattels of the plaintiff. The plaintiff claimed title by virtue of a purchase of the property from'Joseph F. Rodriguez.
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Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a verdict in favor of the defendants. This was an action of trespass against the sheriff of New York, and others, for taking certain goods and chattels of the plaintiff. The plaintiff claimed title by virtue of a purchase of the property from'Joseph F. Rodriguez. The defence was, that the sale was fraudulent, as against the creditors of Rodriguez; and that the goods were taken by virtue of an attachment issued by Judge Daly of the Court of…
1Opinion of the CourtJewett, J.
The most material questions made in this case arise on the charge of the judge at the trial, and are — First, whether Judge Daly, who issued the attáchment, under which the defendants justified the taking of the goods, for which the action was brought, acquired jurisdiction to issue it. And secondly, if not, whether the want of jurisdiction appeared on the face of the process. For, if the judge did not acquire jurisdiction to issue the process, and that appeared on its face, it furnished *no protection to the defendants, or either of them, for taking the property in question.
The proceedings…
2Cited by4 opinions
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