Mills v. . Davis
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Néw York, reversing an order of the Special Term, directing and requiring the sheriff of the county of New York to pay over moneys collected on an execution herein. On the 11th October, 1871, plaintiffs recovered judgment for $1,063.21. Execution was issued to said sheriff, who collected the amount thereof.
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Appeal from order of the General Term of the Superior Court of the city of Néw York, reversing an order of the Special Term, directing and requiring the sheriff of the county of New York to pay over moneys collected on an execution herein. On the 11th October, 1871, plaintiffs recovered judgment for $1,063.21. Execution was issued to said sheriff, who collected the amount thereof. While the moneys collected remained in his hands he was served with an injunction order, issued in proceedings in bankruptcy against defendants by the United States District Court for the southern district of New…
1Opinion of the Court
Church, Ch. J.
We think the order not appealable to this court. It was discretionary with the court below whether to proceed summarily against the sheriff or leave the parties to litigate in the ordinary way by action.
When a claim is made against the sheriff for money in his hands, and there is any doubt upon the question, it is usual for the court, for the protection of the officer, to refuse to compel him to decide the controversy at his own risk. (7 B, & C., 381; 9 How. Pr. R. 459.) We concur with the opinion of Sedgwick, J., upon this point. The question of propriety in granting such an…
2Cases cited1 opinion
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
3Cited by2 opinions
- Marx v. McGlynnNew York Surrogate's Court · 1880
- Parker v. BradleyThe Superior Court of New York City · 1880