Montagnino v. Minolfi
New York Supreme Court
Action by Michelangelo Montagnino against Salvatore Minolfi, with writ of attachment, in which a third party filed a claim to the goods. Directed verdict of sheriff’s jury for claimant, and plaintiff moves to set aside the verdict. Verdict set aside, and a new inquisition to be had.
1Opinion of the CourtCropsey, J.
In this action the plaintiff obtained a writ of attachment under which the sheriff seized some goods. A third party then filed a claim to the goods. Thereupon the sheriff impaneled a jury, presumably acting under the provisions of section 657 of the Civil Code. An account of the proceedings before the sheriff and the jury is certainly interesting, if not enlightening. It appears that the *104claimant offered no proof whatever in support of his claim, but that the affidavit which he had filed was read to the jury. Plaintiff’s attorney then called the claimant, and attempted to examine him…
2Cases cited2 opinions
- Cohen v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Shaw v. DunnAppellate Division of the Supreme Court of the State of New York · 1907