Gillig v. George C. Treadwell Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1896, which modified and, as modified, affirmed an order of Special Term granting a motion for restitution made by the plaintiff Gillig to compel the plaintiff Grant to pay back the proceeds of a sheriff’s execution sale. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1896, which modified and, as modified, affirmed an order of Special Term granting a motion for restitution made by the plaintiff Gillig to compel the plaintiff Grant to pay back the proceeds of a sheriff’s execution sale. The facts, so far as material, are stated in the opinion. Restitution under the Code is the restoration only of property or rights which have been lost by the judgment or order, which has been reversed. (Murray v. Berdell, 98 N. Y. 483; Patrick v. Metcalf,…
1Opinion of the CourtHaight, J.
On the 9th day of January, 1894, the plaintiff in the first actidn procured a warrant of attachment to be issued and delivered to the sheriff of Albany county, who made a levy thereon upon the property of the defendant. The next day the plaintiff, Grant, in the second action also procured an attachment to be issued and delivered to the sheriff of the same county, who also levied that attachment upon the goods of the defendant. Gillig obtained judgment in the first action on the 5th day of January, 1895, and issued execution thereon to the same sheriff. Under it certain of the property…
2Cases cited3 opinions
- Murray v. . BerdellNew York Court of Appeals · 1885
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1896
- Singleton v. Phenix InsuranceNew York Court of Appeals · 1892
3Cited by6 opinions
- Gillig v. GrantAppellate Division of the Supreme Court of the State of New York · 1897
- Merriam v. Wood & Parker Lithographing Co.New York Court of Appeals · 1898
- Wilson v. DreyerAppellate Division of the Supreme Court of the State of New York · 1901
- In re Clemente Bros.New York Supreme Court · 1959
- Archinal v. ReussNew York Supreme Court · 1965
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