Malkemesius v. Pauly
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the First District Court for $186.46, in an action brought upon an undertaking on which defendants were sureties given under section 2912 of the Code, section 1323, Consolidation Act, providing as follows: “'If a person not a party to the action claims any property attached which is not reclaimed by the defendant as prescribed in the last section, he may at any time after the seizure and before execution is issued upon a judgment,…
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Appeal by defendants from a judgment of the First District Court for $186.46, in an action brought upon an undertaking on which defendants were sureties given under section 2912 of the Code, section 1323, Consolidation Act, providing as follows: “'If a person not a party to the action claims any property attached which is not reclaimed by the defendant as prescribed in the last section, he may at any time after the seizure and before execution is issued upon a judgment, rendered in the action, execute and file with the justice a bond to the plaintiff with one or more sureties approved by the…
1Opinion of the CourtDaly, P. J.
This judgment .was recovered against the defendants upon a bond given by them as sureties to secure the release *372of attached property as provided by section 2912 of the Oode of Civil Procedure, conditioned that in an action upon it the defendant Julius Pauly would establish that he was the general owner of the property claimed at the time of the seizure which had been released up'on the giving of the bond. .
The claimant Pauly was the general assignee of the judgment debtor in an assignment for the benefit of creditors executed prior ■ to the levy of the plaintiff’s attachment, and the issue in…
2Cases cited1 opinion
- Richards v. LittellAppellate Terms of the Supreme Court of New York · 1896