Sill Stove Works v. Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Sill Stove "Works, from an order of the county judge of the county of Warren, bearing date the 25th day of "April, 1901, and entered in the office of the clerk of the county of Warren, confirming an order, made by the said county judge on the 14th day of March, 1901, which vacated a warrant of attachment theretofore granted by him in favor of the plaintiff against the property of the defendant Charles R. Scott, with notice of an intention to…
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Appeal by the plaintiff, the Sill Stove "Works, from an order of the county judge of the county of Warren, bearing date the 25th day of "April, 1901, and entered in the office of the clerk of the county of Warren, confirming an order, made by the said county judge on the 14th day of March, 1901, which vacated a warrant of attachment theretofore granted by him in favor of the plaintiff against the property of the defendant Charles R. Scott, with notice of an intention to bring up for review said order of March 14,1901, vacating and setting aside said warrant of attachment. On the 26th day of…
1Opinion of the Court
Chase, J.:
The Code of Civil Procedure (§ 682) provides that a defendant or a person who has acquired a lien upon or interest in his property after it was attached may at any time before the actual application of the attached property to the payment of a judgment recovered in the action apply to vacate or modify the warrant.
Proof of a subsequent valid levy upon the same property covered by the prior attachment is a necessary condition to the right of a subsequent creditor to initiate the proceeding to vacate the prior attachment. Until this fact is established by legal evidence, he is a mere…
2Cases cited12 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Tim v. . SmithNew York Court of Appeals · 1883
- Jackson ex dem. Witherell & Hyde v. JonesNew York Supreme Court · 1828
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3Cited by3 opinions
- Hart v. Page Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Delaney v. BouseAppellate Division of the Supreme Court of the State of New York · 1904
- Sill Stove Works v. ScottAppellate Division of the Supreme Court of the State of New York · 1901