Legal Opinion

Whitman v. Haines

New York Supreme Court

Decided January 28, 1889PublishedCited by 4 opinions

Appeal from special term, Hew York county. On December 8, 1885, a warrant of attachment against the defendants’ property was issued in each of the above actions to Alexander V Davidson, then sheriff of Hew York county, who deputized George W. Schaffer, the respondent, as his deputy, to execute the same.

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Appeal from special term, Hew York county. On December 8, 1885, a warrant of attachment against the defendants’ property was issued in each of the above actions to Alexander V Davidson, then sheriff of Hew York county, who deputized George W. Schaffer, the respondent, as his deputy, to execute the same. Under these attachments Schaffer levied on merchandise belonging to the defendants, and on debts owing to the defendants from about 19 merchants doing business in the city of Hew York, aggregating over $6,000. Between December 8, 1885, and February 17,1886, Schaffer collected from the property…

1Opinion of the CourtBrady, J.

The learned justice who directed a reference in this proceeding, upon the coming in of the referee’s report, and upon proper application therefor, confirmed it, with one exception. He directed that the fine imposed be stricken out, and thus relieved the appellant from that burden. He expressed himself upon the subjects involved in this appeal as follows:

“Barrett, J. Whitman v. Haines, and 4 other actions. 1. The plaintiffs having proceeded by order to show cause, the caption of the actions was properly preserved. It is only where the proceeding is by attachment that the respondent’s views are…

2Cases cited2 opinions

  1. People ex rel. Garbutt v. Rochester & State Line RailroadNew York Court of Appeals · 1879
  2. Van Valkenburgh v. DoolittleNew York Supreme Court · 1877

3Cited by4 opinions

  1. Consumer's Poultry Dealers Corp. v. Podberesky Bros.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Dollard v. KoronskyCity of New York Municipal Court · 1909
  3. Bartlett v. HalliganNew York Supreme Court · 1890
  4. State Bank v. WilchinskyNew York Supreme Court · 1909

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