Lummis v. Kasson
New York Supreme Court
OH the 20th of January, 1863, the plaintiffs commenced an action, in the supreme court, against Francis Herrick. An attachment was issued, on the same day, to the defendant in this action, as sheriff of the county of Steuben, and delivered to him. One Wetmore, a deputy of the defendant, thereupon seized property to a sufficient amount to satisfy the attachment, and had the same inventoried and appraised as required by statute.
Read the full summary
OH the 20th of January, 1863, the plaintiffs commenced an action, in the supreme court, against Francis Herrick. An attachment was issued, on the same day, to the defendant in this action, as sheriff of the county of Steuben, and delivered to him. One Wetmore, a deputy of the defendant, thereupon seized property to a sufficient amount to satisfy the attachment, and had the same inventoried and appraised as required by statute. At the same time Wetmore asked the plaintiffs for an indemnity "bond, which they immediately gave. Ho sheriff’s jury was ever called, to try the title to the property…
1Opinion of the Court
*375 By the Court,
James 0. Smith, J.
I am of opinion that in rejecting the offer of the defendant to show that the property levied upon under the attachment and execution was the property of William H. Herrick, and not of the judgment debtor, the judge at the circuit fell into an error.
The question turns upon the construction of certain statutory provisions respecting the duties of a sheriff in executing an attachment.
The code directs that the sheriff shall proceed upon a warrant of attachment, in all respects, in the manner required of him by law in case of attachments against absent debtors.…
2Cases cited4 opinions
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Baker v. M'DuffieNew York Supreme Court · 1840
- Bayley v. BatesNew York Supreme Court · 1811
- Magne v. SeymourNew York Supreme Court · 1830
3Cited by7 opinions
- Evans v. ThurstonSupreme Court of Iowa · 1880
- Wadsworth & Co. v. WallikerSupreme Court of Iowa · 1877
- Blair v. FlackNew York Supreme Court · 1891
- Cross v. WilliamsNew York Supreme Court · 1881
- Dolson v. SaxtonNew York Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.