Higgins v. . McConnell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which directed a final judgment dismissing the complaint, and reversed an interlocutory judgment in favor of the plaintiff entered upon an order of the Special Term overruling defendant’s demurrer to the complaint.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which directed a final judgment dismissing the complaint, and reversed an interlocutory judgment in favor of the plaintiff entered upon an order of the Special Term overruling defendant’s demurrer to the complaint. This was an action to determine conflicting claims to the interest of the purchaser in a contract for the purchase and sale of lands and for a specific performance. On January 5, 1875, Maximilian Hammond Dalison and Alfred Markby, as trustees,…
1Opinion of the CourtLandon, J.
The question presented by the demurrer to the complaint is whether the interest of a defendant under a contract for the purchase of the land uppn which he has made partial payments, and is in possession, and entitled to a conveyance of the land upon completing his payments, can be levied upon by virtue of an attachment duly issued in an action against him in the Supreme Court.
We think it can. Section 644, Code C. P., provides that the sheriff must execute the warrant of attachment “ by levying upon so much of the personal and real property of the defendant, within his county, not exempt from…
2Cases cited5 opinions
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
- Roosevelt v. . HopkinsNew York Court of Appeals · 1865
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
- Jackson ex. dem. Stone v. ScottNew York Supreme Court · 1820
- Wadsworth v. WadsworthNew York Court of Appeals · 1855
3Cited by8 opinions
- Commission for Polish Relief, Ltd. v. Banca Nationala a RumanieiNew York Court of Appeals · 1942
- Sacks v. Neptune Meter Co.Appellate Terms of the Supreme Court of New York · 1932
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Matter of MazzoneNew York Court of Appeals · 1939
- Pogue v. SimonOregon Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.