Lawlor v. Magnolia Metal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, the Magnolia Metal Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of February, 1896, denying the defendant’s motion to compel the plaintiff to pay the sheriff’s fees and disbursements and to direct said sheriff to deliver forthwith to the defendant its property in his possession by virtue of a warrant of attachment.
1Opinion of the Court
O’Brien, J.:
The plaintiff obtained an attachment and levied upon the property of the defendant, which thereupon filed an undertaking, and an order was entered discharging the attachment. The sheriff refused to deliver up the defendant’s property until his fees were paid for poundage and care of the property. No question is made as to the amount of such fees, the single question presented being as to whether the defendant is obliged to pay the sheriff’s fees before he is entitled to a return of the property.
By section 709 of the Code of Civil Procedure it is provided that “ where a warrant of…
2Cases cited3 opinions
- Rowles v. HoareNew York Supreme Court · 1870
- Claflin v. BaereNew York Supreme Court · 1879
- Garbutt v. HanffNew York Supreme Court · 1862
3Cited by16 opinions
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Shapiro v. Loft, Inc.New York Supreme Court · 1931
- Tribune Ass'n v. Eisner & Mendelson Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Seymour Manufacturing Co. v. TarnopolNew York Supreme Court · 1959
- Gadski-Tauscher v. GraffNew York Supreme Court · 1904
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