Orser v. Grossman
New York Court of Common Pleas
Action by the sheriff, to recover money due by the defendant to certain non-resident debtors, against whose property proceedings had been taken by attachment issued out of the Supreme Court, under chap, four of the second part of the Code of Procedure. The defence relied upon related to the mode wherein the sheriff proceeded upon executing the warrant of attachment. The objections to the regularity of his proceedings are discussed in the opinion.
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Action by the sheriff, to recover money due by the defendant to certain non-resident debtors, against whose property proceedings had been taken by attachment issued out of the Supreme Court, under chap, four of the second part of the Code of Procedure. The defence relied upon related to the mode wherein the sheriff proceeded upon executing the warrant of attachment. The objections to the regularity of his proceedings are discussed in the opinion. The Marine Court awarded judgment in favor of the defendant. The plaintiff appealed.
1Opinion of the Court
By the Court.
Woodruff, J.
The propriety of the amendment of the summons, allowed by the court below, does not properly come in question on this appeal. The amendment was granted on the motion of the appellant, and the order does not come under review upon his appeal from the judgment.
*444It is questionable whether a general notice, that the sheriff attaches all property in the hands of the debtor of the defendants in attachments, is a sufficient attachment under the Code. Section 235 seems to contemplate the service of a notice, specifying the particular property levied on; and section 236…
2Cited by2 opinions
- Greenleaf v. MumfordNew York Supreme Court · 1865
- Wilson v. DuncanThe Superior Court of New York City · 1860