Dunlop v. . Patterson Fire Insurance Co.
New York Court of Appeals
Appeal by James Jackson, appointed receiver of the property of the defendant in this action, from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion by said receiver to set aside levies made under two attachments against said defendant, or to allow the receiver to come in in, the actions in which the attachments were issued, for the purpose of moving to vacate the attachments, or the…
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Appeal by James Jackson, appointed receiver of the property of the defendant in this action, from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion by said receiver to set aside levies made under two attachments against said defendant, or to allow the receiver to come in in, the actions in which the attachments were issued, for the purpose of moving to vacate the attachments, or the levies made thereunder. (Reported below, 12 Hun, 627.) The attachments were levied upon the sum of $2,000 then in the hands…
1Opinion of the CourtFolger, J.
As a general rule, orders granting, refusing or vacating attachments, will not be reviewed by this court. (Sartwell v. Field, 68 N. Y., 341; Wallace v. Castle, id., 373.) It is now urged, however, that the property which was attached, in this case, was in the custody of a court of record, that it was therefore incapable of being seized or levied upon by attachment, and that the case is, as if an attachment had been granted without the power so to do in the court or judicial officer allowing it. In case of want of power to grant them, such orders are the subject of review in this court.…
2Cases cited10 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Pierce v. CarletonIllinois Supreme Court · 1851
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Jecker v. MontgomerySupreme Court of the United States · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- Pace v. SmithTexas Supreme Court · 1882
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