Legal Opinion

People ex rel. Paul G. Mehlin & Sons Piano Co. v. Lauer

New York Supreme Court

Decided April 15, 1913Published

Application for writ of mandamus directed to a justice of the Municipal Court requiring him to sign a warrant of seizure in an action to foreclose a lien on a chattel.

1Opinion of the CourtPlatzek, J.

This is an application for a writ of mandamus directed to a justice of the Municipal Court in the city of New York, requiring him to sign a warrant of seizure in an action to foreclose a lien on a *439chattel. Section 138 of the Municipal Court Act provides : “ In an action to foreclose a lien upon a chattel, if the plaintiff is not in possession of the chattel, a warrant, commanding the marshal to seize the chattel, and safely keep it to abide the judgment, may be issued in like manner as a warrant of attachment may be issued, in an action founded upon a contract, and the provisions of law…

2Cases cited2 opinions

  1. Wuertz v. BraunAppellate Division of the Supreme Court of the State of New York · 1906
  2. Faraci v. MallerAppellate Division of the Supreme Court of the State of New York · 1912

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