Hall v. . Brooks
New York Court of Appeals
Appeal by Clark Brooks from an order of the General Term of the Supreme Court in the second judicial department at the December term, 1881, which reversed an order of Special Term, denying a motion on the part of plaintiff that said Clark Brooks be required to deliver to the sheriff of the city and county of Hew York certain property belonging to the defendant in this action, against whom an attachment had been issued herein.
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Appeal by Clark Brooks from an order of the General Term of the Supreme Court in the second judicial department at the December term, 1881, which reversed an order of Special Term, denying a motion on the part of plaintiff that said Clark Brooks be required to deliver to the sheriff of the city and county of Hew York certain property belonging to the defendant in this action, against whom an attachment had been issued herein. (Reported below, 25 Him, 577.) The order of the General Term directed the delivery of the property and that said Brooks pay personally plaintiffs costs and…
1Opinion of the CourtRapallo, J.
The only authority to make the order appealed from is such as can be found in section 655 of the Code of Civil Procedure, which provides that in executing an attachment, the sheriff may maintain an action or special proceeding in his own name or in the name of the defendant, to reduce to his actual possession an article of personal property capable of manual delivery, but of which he has been unable to obtain possession.
Ho authority is given to order a person holding property of the attached debtor to deliver it to the sheriff, on motion of the attaching creditor. The action or proceeding for…
2Cited by7 opinions
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- Metropolitan Dev. Com'n of Marion Co. v. CullisonIndiana Court of Appeals · 1972
- Stout v. MercerIndiana Court of Appeals · 1974
- Biershenk v. StokesNew York Court of Common Pleas · 1894
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