Gillig v. George C. Treadwell Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 6, 1895, which affirmed an order of Special Term denying plaintiff’s motion to have the property of defendant in the sheriff’s hands sold and applied upon plaintiff’s execution. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 6, 1895, which affirmed an order of Special Term denying plaintiff’s motion to have the property of defendant in the sheriff’s hands sold and applied upon plaintiff’s execution. The facts, so far as material, are stated in the opinion. If personal property of the defendant was levied on by virtue of junior warrants, the sheriff could not levy on the same property a second time, but out of the proceeds of the sale of the property seized he should satisfy the warrant first delivered to him.…
1Opinion of the CourtHaight, J.
On the eighth day of January, 1894, the plaintiff brought an action against the defendant, and on the following day procured an attachment to be issued against its property, which was on that day delivered to the sheriff of Albany county to be executed. Three days thereafter the respondent, Hugh J. Grant, as temporary receiver of the St. Hicholas Bank of Hew York, procured an attachment to be issued against the defendant in an action then pending against it, in which Grant, as such receiver, was the plaintiff, which attachment was on that day delivered to the sheriff; and on the following day…
2Cases cited1 opinion
- Pach v. . GilbertNew York Court of Appeals · 1891
3Cited by6 opinions
- Cuppy v. . Stollwerck BrothersNew York Court of Appeals · 1916
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1897
- Atchison, Topeka & Santa Fe Railroad v. Schwarzschild & Sulzberger Co.Supreme Court of Kansas · 1897
- In re the Accounting of PondNew York Supreme Court · 1897
- Claar Bros. v. M. Schamroth & SonsNew York Supreme Court · 1962
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