Watts v. Willett
New York Court of Common Pleas
Appeal by plaintiff from a judgment of the Marine Court at general term. On or about the 19th day of May, 1856, two attachments against the property of Joseph Crawford were duly issued h}' and out of the Marine Court of the city of New York to the plaintiff, as constable, one of which attachments was at the suit of Skelding & Thorp, for $279.17, the other at the suit of John Anderson, for $208.85. The affidavits upon which the attachments were issued showed that the…
Read the full summary
Appeal by plaintiff from a judgment of the Marine Court at general term. On or about the 19th day of May, 1856, two attachments against the property of Joseph Crawford were duly issued h}' and out of the Marine Court of the city of New York to the plaintiff, as constable, one of which attachments was at the suit of Skelding & Thorp, for $279.17, the other at the suit of John Anderson, for $208.85. The affidavits upon which the attachments were issued showed that the defendant, Crawford, resided at No. 54 First street, New York city, and kept a store at No. 252 Washington street, and set forth…
1Opinion of the Court
By the Court, Hilton, J.
The material question to be here determined is, whether the attachment issued out of the Marine Court was duly served by the plaintiff, as constable, on the 19th of May, 1856? because, if such was the case, it is conceded that the proceeds of the property attached, and applied to the payment of executions delivered to the defendant, as sheriff, after that day and prior to the 26th of May, were more than sufficient to pay the amount of the judgment recovered in the Marine Court on the return of the attachment. The return of the constable is in the following words,…
2Cases cited3 opinions
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Loan v. KlineNew York Supreme Court · 1813
- Cook v. McDoelNew York Supreme Court · 1846
3Cited by4 opinions
- Dickinson v. First National BankNorth Dakota Supreme Court · 1933
- Marshall v. CantyNew York Court of Common Pleas · 1862
- O'Hara v. McEnnyCircuit Court of the 22nd Circuit of Michigan · 1871
- Percival v. TuckerCircuit Court of the 36th Circuit of Michigan · 1871