Legal Opinion

Van Alstyne v. . Erwine

New York Court of Appeals

Decided September 5, 1854PublishedCited by 18 opinions

Appeal from a judgment of the supreme court sitting in the fourth district. The action, which was commenced in 1848, was brought to recover the value of certain personal .property, being a stock of goods in a store, which it was averred the defendant had converted to his own use. The cause was tried in 1849, at the Montgomery county circuit, before Mr. Justice Parker and a jury.

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Appeal from a judgment of the supreme court sitting in the fourth district. The action, which was commenced in 1848, was brought to recover the value of certain personal .property, being a stock of goods in a store, which it was averred the defendant had converted to his own use. The cause was tried in 1849, at the Montgomery county circuit, before Mr. Justice Parker and a jury. On the part of the plaintiffs it was claimed, that prior to the issuing of the attachment hereinafter mentioned, the property was owned by David C. Anthony: and they made title to it, as trustees under proceedings by…

1Opinion of the CourtDenio, J.

Notwithstanding the strong language of the provision relating to the effect of the appointment of trustees in proceedings by attachment, I do not entertain any doubt but that a person who is sought to be affected by such an appointment, may raise the question that the officer did not acquire jurisdiction to issue the attachment. It is so upon general principles, and the point has been frequently decided., (2 R. S. 12, § 62; Matter of Hurd, 9 Wend. 465; Staples v. Fairchild, 3 Comst. 41.) It becomes necessary, therefore, to examine the various objections upon which it was insisted, on the…

2Cases cited2 opinions

  1. Johnson v. MossNew York Supreme Court · 1838
  2. In re HurdNew York Supreme Court · 1833

3Cited by18 opinions

  1. McCready v. Sexton & SonSupreme Court of Iowa · 1870
  2. Schoonmaker v. . SpencerNew York Court of Appeals · 1873
  3. Stewart v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
  4. Gillett v. ThieboldSupreme Court of Kansas · 1872
  5. Dawley v. SherwinSouth Dakota Supreme Court · 1894

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