Haase v. Levering
New York Court of Common Pleas
Action by Henrich Haase against William T. Levering. An attachment issued, under which the sheriff levied on certain goods of defendant. .The attachment was thereafter discharged by undertaking. Defendant moved to release the sheriff’s lien for poundage.
1Opinion of the CourtPryor, J.
The sheriff demands poundage on goods attached. The attachment has been discharged by an undertaking. By section 709 of the Code, on- the discharge of an attachment, the sheriff must deliver the property to the plaintiff on payment of all costs, charges, and expenses legally chargeable by the sheriff; that is, at the time of the discharge. The action not being settled' or determined, it is uncertain what amount, if any, the plaintiff will eventually recover; and no sum exists, therefore, on which to compute poundage. By section 3307, subd. 2, of the Code, if the action be settled, the sheriff…
2Cases cited2 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Nestor v. . BischoffNew York Court of Appeals · 1890