Learned v. Vandenburgh
New York Supreme Court
Motion for directions to sheriff of Greene, in respect to the application of the proceeds of certain real estate sold upon execution. On the 10th day of April 1852, attachments were duly obtained by the plaintiffs in the first two actions against the defendant and delivered to the sheriff of Greene. Two other attachments against the same defendant had previously been issued, and were then in the hands of the sheriff.
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Motion for directions to sheriff of Greene, in respect to the application of the proceeds of certain real estate sold upon execution. On the 10th day of April 1852, attachments were duly obtained by the plaintiffs in the first two actions against the defendant and delivered to the sheriff of Greene. Two other attachments against the same defendant had previously been issued, and were then in the hands of the sheriff. On the 12th day of April, another similar attachment was issued in favor of another creditor. By virtue of these, attachments the sheriff seized all the personal property of the…
1Opinion of the Court
Harris, Justice.
The proceedings upon attachments, under the Code., are the same as those prescribed by previous statutes in respect to attachments against foreign corporations (2 R. S. 459, § 15, et seq.; Sess. Laws, 1842, p. 227). Indeed, the provisions of the Code relating to attachments, are substantially copied from these statutes. One essential difference, however, is, that the attachment against a foreign corporation, issued under the provisions of the Revised Statutes, required the sheriff to attach all the estate, real and personal, of the corporation, while the warrant under the…
2Cited by4 opinions
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- Jongewaard v. GesquireNorth Dakota Supreme Court · 1924
- Van Camp v. SearleNew York Supreme Court · 1894
- Yale v. MatthewsNew York Supreme Court · 1861