Goepel v. Robinson Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles F. Goepel, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Flew York on the 16th day of July, 1907, as denies the plaintiff's motion to require the defendant to return to the sheriff property levied upon under a warrant of attachment but which had been returned to the' defendant upon the vacating of the warrant of attachment, or, in lieu of the return of…
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Appeal by the plaintiff, Charles F. Goepel, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Flew York on the 16th day of July, 1907, as denies the plaintiff's motion to require the defendant to return to the sheriff property levied upon under a warrant of attachment but which had been returned to the' defendant upon the vacating of the warrant of attachment, or, in lieu of the return of said property to the sheriff, to pay to the sheriff the value of said property.
1Opinion of the Court
Ingraham, J.:
This motion was denied upon the ground that the relief here sought had been refused by this court, as a clause granting this portion of the motion was stricken from the order of the Appellate Division when the order vacating the warrant of attachnient was reversed. The learned court at Special Term was mistaken as to the reason why this clause was stricken from the. proposed order of this court. Upon that appeal it did not appear by the record that the property levied on under the warrant of' attachment had been released from the levy and returned to the defendant, and as that…
2Cases cited1 opinion
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Pincus v. PincusAppellate Division of the Supreme Court of the State of New York · 1924
- Bower v. PalmerAppellate Division of the Supreme Court of the State of New York · 1940
- Laronga v. LarongaCity of New York Municipal Court · 1945
- New York Plumbers' Specialties Co. v. FitzgeraldNew York Supreme Court · 1943