Sickels v. Combs
New York Supreme Court
Action to restrain the defendant from proceeding under a levy upon plaintiff’s goods made under an execution against another person.
1Opinion of the CourtGtaynob, J.
The plaintiff makes out a case for relief by injunction. The defendant, a constable, has an execution against another person for $166.42 on a judgment in a Justice’s Court, and under it has seized the chattels of the plaintiff, consisting of a retail stock in trade and a horse and wagon used in it, all of the value of $4,000, as the plaintiff alleges, and of the value of $3,000, as the defendant says in his notice of sale. He has also taken possession of the plaintiff’s store, in which she carries on the business, and of the books and papers of the business, and has locked up the store by…
2Cases cited4 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Watson v. SutherlandSupreme Court of the United States · 1867
- Tiernan v. WilsonNew York Court of Chancery · 1822
- McCreery v. SutherlandCourt of Appeals of Maryland · 1865
3Cited by1 opinion
- Baker v. LloydSupreme Court of Oklahoma · 1947