Lamson Consolidated Store-Service Co. v. Speir
New York Supreme Court
At chambers. On motion for change of venue. Action by the Lamson Consolidated Store-Service Company against Gilbert "VV. Speir, Jr., receiver, and John H. Hart, sheriff of Albany county, to determine the control of property levied on by the latter to satisfy a judgment against the United States Store-Service Company.
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At chambers. On motion for change of venue. Action by the Lamson Consolidated Store-Service Company against Gilbert "VV. Speir, Jr., receiver, and John H. Hart, sheriff of Albany county, to determine the control of property levied on by the latter to satisfy a judgment against the United States Store-Service Company. The plaintiff in this action had, prior to the levy of the execution, commenced an action against the United States Store-Service Company, pending which Speir had been appointed receiver of their property. The case is now on the motion of the sheriff to change the place of trial…
1Opinion of the CourtAndrews, J.
The objection is taken on behalf of the plaintiff that this is not an action against the sheriff of Albany county for an act done in virtue of his office, because the principal relief sought is to restrain the sale of the property levied upon. This objection, cannot be sustained, because the complaint demands judgment against the sheriff for damages alleged to have been sustained by the plaintiff by reason of the levyi There is, however, another *578• objection which seems to me to be fatal to the motion. The action is brought not only against John W. Hart, as sheriff of Albany county, but also…
2Cited by1 opinion
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