Griffin v. . Helmbold
New York Court of Appeals
Appeal by Matthew T. Brennan, late sheriff of the city and county of New York, from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term, and confirming the report of a referee directing said sheriff to pay over to N. B. Sadler, assignee in bankruptcy of the defendant, the sum of $782.23. The facts appear sufficiently in the opinion.
Read the full summary
Appeal by Matthew T. Brennan, late sheriff of the city and county of New York, from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term, and confirming the report of a referee directing said sheriff to pay over to N. B. Sadler, assignee in bankruptcy of the defendant, the sum of $782.23. The facts appear sufficiently in the opinion. Parties may give directions to a sheriff which will excuse him from pursuing the course of conduct prescribed by law, and in some instances compel him to act as they direct, but while so acting the…
1Opinion of the CourtEarl, J.
An attachment was issued in this action to the sheriff of New York against the property of the defendants. By virtue of the attachment the sheriff seized certain property. It was deemed, by all parties in interest, best that an immediate sale of the property under the attachment should be made, and an order of the court at Special Term was obtained by consent, which provided that the sheriff should forthwith proceed to advertise and sell the property at public auction, “ by Benjamin P. Fairchild, auctioneer, and hold the proceeds thereof in the same manner as the property sold subject to the…
2Cases cited1 opinion
- Crofut v. . BrandtNew York Court of Appeals · 1874
3Cited by3 opinions
- Magnus v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Cramer v. OppensteinSupreme Court of Colorado · 1891
- Knauer v. Globe Mutual Life InsuranceThe Superior Court of New York City · 1880