Kelly v. Breusing
New York Supreme Court
DEMURRER to complaint. The complaint states that the plaintiff is sheriff of the city and county of Hew York; that in April, 1860, he received a warrant of attachment, duly issued out of this court, and to him directed, in an action against Hermann Schmidt, whereby he was directed to attach and keep all the property of Schmidt, in his county. That the defendant then had in his possession $300, belonging to Schmidt.
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DEMURRER to complaint. The complaint states that the plaintiff is sheriff of the city and county of Hew York; that in April, 1860, he received a warrant of attachment, duly issued out of this court, and to him directed, in an action against Hermann Schmidt, whereby he was directed to attach and keep all the property of Schmidt, in his county. That the defendant then had in his possession $300, belonging to Schmidt. That on 9th April, 1860, the plaintiff made due service of said warrant on defendant, by delivering to and leaving with him a copy, with a notice showing the property levied on;…
1Opinion of the CourtBonney, J.
The plaintiff states that he is sheriff of the city and county of New York, duly elected, qualified and acting, and that statement is clearly sufficient to show his capacity to maintain any action which such sheriff is authorized to bring. He is here acting in his official capacity as sheriff, and not as an officer of the court, or as deriving his authority to execute the warrant from any appointment, order or judgment of the court. The question in the case is, has he stated facts sufficient to constitute a cause of action ?
The code (§ 227 to 231) prescribes the form of a warrant of…
2Cited by1 opinion
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