Shaffer v. Mason
New York Supreme Court
Appeal from an order setting aside an attachment. The plaintiff in this cause brought his action to recover damages for an alleged conversion of his personal property, situated, in Aecomac county, Virginia, by the defendants, who, it was claimed, had in Virginia, under color of process, levied •on it and sold it as the property of one Rash.
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Appeal from an order setting aside an attachment. The plaintiff in this cause brought his action to recover damages for an alleged conversion of his personal property, situated, in Aecomac county, Virginia, by the defendants, who, it was claimed, had in Virginia, under color of process, levied •on it and sold it as the property of one Rash. At the time of commencing this suit', the- plaintiff procured •an attachment to be issued against the property of the defendant as a non-resident, under sections 227 and 229 of the Code •of Procedure. On motion of the defendant, the attachment was vacated…
1Opinion of the Court
By the Court.*—Sutherland, J.
I think the order at special term vacating the attachment was clearly right. The words of section 227 of the Code are certainly very broad. That section allows the property of the defendant to be attached in the manner thereinafter prescribed, in an action, for the recovery of the money against a-defendant whoi is'not a resident of this State. Prior to 1857, this section read, “in an action for the recovery of money.” The section was amended in 1857 by inserting the article “the” between “ of” and “ money,” and' by inserting other words in another part of the…
2Cases cited1 opinion
- Hernstien v. MatthewsonNew York Supreme Court · 1850
3Cited by2 opinions
- Barry v. FisherNew York Supreme Court · 1870
- Barry v. FisherNew York Supreme Court · 1870