Cassani v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Dunn, as sheriff of the county of New York, from, an order of the Supreme Court, made at the.New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of August,. 1899, denying a motion made by the sheriff of the county of New York to substitute his indemnitors as defendants in this action. The action was brought to recover damages for the alleged wrongful levy of an attachment.
1Opinion of the Court
Ingraham, J.:
I think this application should have been granted. The affidavit of the defendant alleged the facts to bring the application within section 1422 of the Code of Civil Procedure. By such affi*249•davit it appears that an attachment was issued in an action .brought by one Cinque against one Guiseppe Cassani, which directed the defendant, as sheriff of the county of New York, to attach property of the said Cassani within his county sufficient to satisfy the sum of $1,360, with interest, costs and expenses; that by authority of such warrant of attachment the defendant levied upon certain…
2Cases cited3 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- Hein v. . DavidsonNew York Court of Appeals · 1884
- Levy v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Sloan v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Cassani v. DunnAppellate Division of the Supreme Court of the State of New York · 1900