Haebler v. Myers
New York Supreme Court
Demurrer to complaint. The complaint alleged that on April 4, 1888, the plaintiffs caused to be issued to the sheriff a warrant of attachment in an action in the superior court, against John G. Bernharth et al., and that the sheriff, under said attachment, received $900 in money.
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Demurrer to complaint. The complaint alleged that on April 4, 1888, the plaintiffs caused to be issued to the sheriff a warrant of attachment in an action in the superior court, against John G. Bernharth et al., and that the sheriff, under said attachment, received $900 in money. That on October 30, 1888, the defendants herein, as subsequent lienors, made a motion to vacate the said attachment, which was granted, and an order was entered on November 22, vacating the same, and that after said attachment was so vacated, and in consequence thereof, and not otherwise, the sheriff paid to the…
1Opinion of the CourtYan Brunt, J.
The complaint in this action alleges that in April, 1888, the plaintiffs issued to the sheriff of *238New York an attachment in an action in which these plaintiffs were plaintiffs and John G. Bernharth and lienors were defendants. That the sheriff levied said attachment, and by reason of such levy received the sum of $900. That in November, 1888, upon motion of the defendants as subsequent lienors an order was entered vacating the plaintiffs’ attachment. That thereupon the sheriff paid over to these defendants as subsequent lienors said $900 which he had •collected under the attachment issued to…
2Cases cited17 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Hayes v. . NourseNew York Court of Appeals · 1887
- Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
- Clark v. PinneyNew York Supreme Court · 1826
- Sturges v. Allis & LeeNew York Supreme Court · 1833
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