People v. Judges of New-York
New York Supreme Court
Motion for a mandamus. On the eighteenth day of December, 1-824, the relator sued out an attachment, under the act authorizing the arrest of ships and vessels for debts, (1 R. t-w • ii t i t L. 130,) against the steam-boat Bristol, her tackle, apparel and furniture, returnable at the December term of the may- or’s court in N. Y. The proceedings were removed into this . ..on- . , court by certiorari; and m August, 1825, a judgment was docketed in favor of the plaintiff for…
Read the full summary
Motion for a mandamus. On the eighteenth day of December, 1-824, the relator sued out an attachment, under the act authorizing the arrest of ships and vessels for debts, (1 R. t-w • ii t i t L. 130,) against the steam-boat Bristol, her tackle, apparel and furniture, returnable at the December term of the may- or’s court in N. Y. The proceedings were removed into this . ..on- . , court by certiorari; and m August, 1825, a judgment was docketed in favor of the plaintiff for about $1200. On the seventeenth day of December, 1824, a similar attachment had been sued out against the same vessel, in…
1Opinion of the Court
By the Court,
Savage, C. J.
This application is urged on one of two grounds : either that the relator is entitled to a pro rata distribution, or that by his superior diligence in obtaining judgment, he has gained a preference, and is entitled to satisfaction of his demand, to its full amount; neither of which positions can be sustained. This is a proceeding in rem, and must be governed by the principles which prevail in admiralty proceedings. In Clerke’s Admiralty Practice, lit. 44, p. 89, it is said,- “ If any one be indebted to divers persons, and different warrants are sued out against his…
2Cited by3 opinions
- The TriumphDistrict Court, N.D. New York · 1841
- Goble v. Schooner Delos De WolfDistrict Court, N.D. Ohio · 1880
- The Frank G. FowlerDistrict Court, S.D. New York · 1881