Eastern Metal Products Corp. v. Landers of Arkansas, Inc.

HERLANDS, District Judge.

Two specific questions now before the court are:

1. Is the Sheriff of the City of New York entitled to poundage under the facts herein?

2. If so, should plaintiff or defendant pay that fee?

The resolution of these questions requires an interpretation of the New York Civil Practice Act, §§ 922 and 1558. The questions are posed by a motion of defendant, Landers of Arkansas, Inc., to vacate a State court warrant of attachment issued on December 29, 1958.

This action was commenced in the New York Supreme Court, in and for the County of Westchester, in December 1958. A warrant…