Yale v. Matthews
New York Supreme Court
Appeal from order directing the sheriff in the application of moneys collected by him under attachments. Two actions were brought against the defendant by different plaintiffs at about the same time.. Each plaintiff on the same day obtained an order in his action, granting an "attachment under the provisions of the Code of Procedure against the property of the defendant.
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Appeal from order directing the sheriff in the application of moneys collected by him under attachments. Two actions were brought against the defendant by different plaintiffs at about the same time.. Each plaintiff on the same day obtained an order in his action, granting an "attachment under the provisions of the Code of Procedure against the property of the defendant. The attachment issued in the suit of the plaintiff Yale was delivered to a deputy-sheriff in the evening, and on the same evening was levied by him on defendant’s property. The attachment in the suit of the other plaintiff,…
1Opinion of the Court
By the Court.*—Rosekrans, J.
—The Revised Statutes provided for the issuing of attachments against property in various cases as a remedy for the collection of debts. This process could be issued against absconding, concealed, and non-resident debtors (3 Rev. Stat., 5 ed., 78); against debtors confined for crimes (Ib., 90); against ships and vessels (Ib., 795); and against foreign corporations (Ib., 754; 2 Ib., 3 ed., 553). In all these cases, except the last, the proceedings were for the benefit of all the creditors of such debtors, and all persons who had liens against such ships and vessels;…
2Cases cited2 opinions
- Burkhardt v. Sanford & FarnamNew York Supreme Court · 1852
- Learned v. VandenburghNew York Supreme Court · 1852
3Cited by1 opinion
- Van Camp v. SearleNew York Supreme Court · 1894