Miller v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by Mitchell L. Erlanger, as sheriff of Hew York county, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 1st day of May, 1905, denying the appellant’s application to tax his fees upon an attachment theretofore issued in the action, and to direct the plaintiff or her attorney to pay the same.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover $206,000 for. an alleged conversion of the plaintiff’s property. At the commencement thereof the plaintiff procured an attachment which was perfected by the sheriff levying upon property of the value of $300,000. Shortly after the levy had been made under the attachment, by consent of the parties and without notice to the sheriff, the action was discontinued, the attachment vacated and the bond canceled. The sheriff, *312however, refused to relinquish his levy' until his fees had been paid, and upon defendant’s motion an order was made directing…
2Cases cited2 opinions
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- M. H. Treadwell & Co. v. Mead Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- 417 East Realty Associates v. RyanCivil Court of the City of New York · 1981
- Knoll v. KnollNew York Supreme Court · 1974
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1907
- Williams v. KahlerAppellate Division of the Supreme Court of the State of New York · 1948
- Finkelstein v. CohenNew York Supreme Court · 1961
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