Robertson v. Lawton
New York Supreme Court
Appeal by the plaintiff from an order of the Supreme Court,, made at the Schenectady Special Term and entered in the office of the clerk of the county of Warren on the 2d day of August, 1895,, adjudging that the execution issued on the judgment entered in the action on the 21st day of September, 1894, was not a lien upon a certain fund in the hands of the late sheriff of Warren county superior to the lien of an attachment and execution issued in an‘ action brought by one…
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Appeal by the plaintiff from an order of the Supreme Court,, made at the Schenectady Special Term and entered in the office of the clerk of the county of Warren on the 2d day of August, 1895,, adjudging that the execution issued on the judgment entered in the action on the 21st day of September, 1894, was not a lien upon a certain fund in the hands of the late sheriff of Warren county superior to the lien of an attachment and execution issued in an‘ action brought by one Marcena M. Terry against said defendants, and directing the distribution of such fund by said sheriff.
1Opinion of the Court
Mayham, P. J. :
This was a motion to set aside a judgment in favor of the plaintiff against the above-named defendants, entered on the 21st day of' September, 1894, and the execution issued thereon on the same day,, which was placed in the hands of the deputy sheriff of Warren county at eight o’clock in the forenoon of that day, mainly on the ground that the same was not executed by a levy on the property of' the judgment debtors before the twenty-fourth day of the same-month, on which last-mentioned day one Marcena M. Terry seized all the property of the judgment debtors liable to be taken on…
2Cases cited4 opinions
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Mumper v. . RushmoreNew York Court of Appeals · 1879
- Brooks v. WilsonNew York Supreme Court · 1889
- Cudahy v. . RhinehartNew York Court of Appeals · 1892