Davidson v. Chatham National Bank
New York Supreme Court
Controversy submitted upon an agreed statement of facts, under section 1279 of the Oode of Civil Procedure. On or about the 12th day of January, 1883, the plaintiff, as sheriff, received a warrant of attachment in an action entitled “ John H. Inman and others against the Fourth National Bank of St. Louis,” then pending in this court, by which he was required to attach (in the usual form) property of the defendant therein named to the amount of $5,000. He executed the said…
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Controversy submitted upon an agreed statement of facts, under section 1279 of the Oode of Civil Procedure. On or about the 12th day of January, 1883, the plaintiff, as sheriff, received a warrant of attachment in an action entitled “ John H. Inman and others against the Fourth National Bank of St. Louis,” then pending in this court, by which he was required to attach (in the usual form) property of the defendant therein named to the amount of $5,000. He executed the said warrant of attachment by delivering a certified copy thereof to this defendant, at the same time demanding a certificate…
1Opinion of the Court
BRADY, J.:
There does not appear from the briefs submitted any serious contention between the parties to this controversy. As it is understood the chief objection to the right of the sheriff insisted upon is that the collection of debts by actions is made subject to the direction of the court or judge, by section 655 of the Code of Civil Procedure.
An examination of the provisions of the Code and some adjudications enable us to dispose of the question submitted. Section 649 provides for the manner in which the property of the debtor may be attached. And by subdivision three of that section it…
2Cases cited2 opinions
- Kelly v. BreusingNew York Supreme Court · 1860
- Kelly v. BreusingNew York Supreme Court · 1860