Burkhardt v. Sanford & Farnam
New York Supreme Court
This is a motion to vacate an injunction order. The facts are substantially as follows, viz: One Bradley was on the 27th day of April 1850, seized of a tract of land in the town of Tonawanda in the county of Erie.
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This is a motion to vacate an injunction order. The facts are substantially as follows, viz: One Bradley was on the 27th day of April 1850, seized of a tract of land in the town of Tonawanda in the county of Erie. On that day a warrant of attachment was issued against said Bradley by Mr. Justice Parker, in an action against him as a non resident of this state, at the suit of the above named Giles Sanford, a copy of which was served on the plaintiff on the 13th day of May 1850. On the 30th day of April 1850, a notice of the pendency of such action (which notice described the land above…
1Opinion of the Court
Taggart, Justice.
I shall first proceed to consider the last point.
An answer to this point presents the questions: At what time does the lien of an attaching creditor attach, and when does the court acquire jurisdiction of the action against a non resident defendant If the lien is acquired by the issuing of the warrant *332of attachment, or by the filing the notice of the pendency of the action, any subsequent irregularities or omissions, which do not divest the court of jurisdiction, will not defeat the lien acquired by the warrant of attachment, or by the filing notice of the pendency of the…
2Cases cited2 opinions
- Haggerty v. WilberNew York Supreme Court · 1819
- People v. W. P. HaskinsNew York Supreme Court · 1831
3Cited by6 opinions
- Thacher v. BancroftNew York Supreme Court · 1862
- Robinson v. Columbia Spinning Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Yale v. MatthewsNew York Supreme Court · 1861
- Goldberg v. LevineAppellate Division of the Supreme Court of the State of New York · 1921
- McGinn v. RossThe Superior Court of New York City · 1871
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