Smith v. Orser
New York Supreme Court
THIS case is presented on exceptions taken on behalf of the defendant, ordered to be heard in the first instance at the general terra, and on an appeal from an order denying pro forma a motion for a new- trial on the minutes of the .circuit judge, on. the exceptions, and..upon the' ground of insufficient evidence and excessive damages.
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THIS case is presented on exceptions taken on behalf of the defendant, ordered to be heard in the first instance at the general terra, and on an appeal from an order denying pro forma a motion for a new- trial on the minutes of the .circuit judge, on. the exceptions, and..upon the' ground of insufficient evidence and excessive damages. " The plaintiffs sued to recover possession of horses and street sweeping machines, &c., and to recover special as well as general damages for the detention of the property, and for injuries done thereto wrongfully and negligently. The answer put in issue the…
1Opinion of the CourtLeonard, J.
The warrant of attachment requires the .•sheriff to attach and safely keep all the property of the defendants therein, or so much as may be necessary to satisfy the demand of the plaintiff, with costs. (Code, § 231.) t, *190The sheriff is further required to keep the property seized by him, to answer any judgment which may be obtained in the action. (Id. § 232.) The section just cited also requires the sheriff to proceed in the manner directed in cases of attachment against absent debtors. The provisions of the revised statutes on this subject are thereby incorporated into the code.
To render a…
2Cases cited1 opinion
- Stoutenburgh v. Vandenburgh & StoutenburghNew York Supreme Court · 1852
3Cited by3 opinions
- Mitchell v. RobertsSupreme Court of New Hampshire · 1871
- Barry v. FisherNew York Supreme Court · 1870
- Marshall v. McGregorNew York Supreme Court · 1871