McKay v. Harrower
New York Supreme Court
APPEAL from a judgment of nonsuit entered at the Steuben circuit in June, 1857. The complaint stated that on the 26th day of May, 1855, the plaintiff commenced an action by summons against one James M. Minier, to recover money due on contract. That on the same day he caused an attachment to be issued against the property of Minier, which was, on the same day, delivered to the defendant who was then sheriff of the county of Steuben.
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APPEAL from a judgment of nonsuit entered at the Steuben circuit in June, 1857. The complaint stated that on the 26th day of May, 1855, the plaintiff commenced an action by summons against one James M. Minier, to recover money due on contract. That on the same day he caused an attachment to be issued against the property of Minier, which was, on the same day, delivered to the defendant who was then sheriff of the county of Steuben. That on the same 26th day of May, 1855, the defendant by L. A. Jones 2d, one of his deputies, did by virtue of said attachment attach and take into his custody, of…
1Opinion of the Court
By the Court, Welles, J.
The attachment against Minier was issued in pursuance of the code of procedure, and the property taken by the sheriff thereon was required to be held by him as security for the satisfaction of such judgment as the plaintiff might recover in the action which he had commenced against Minier. (Code, §§ 227, 231.) The mode of executing such attachment is prescribed by § 232; which directs the sheriff, to whom the attachment is directed and delivered, among other things to keep the property seized by him to answer any judgment which may be obtained in such action, &c.…
2Cited by8 opinions
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- German American Bank v. Morris Run Coal Co.New York Court of Appeals · 1877
- Thayer v. WilletThe Superior Court of New York City · 1859
- Kukowski v. Emerson-Brantingham Implement Co.North Dakota Supreme Court · 1919
- Lawrence v. JonesNew York Supreme Court · 1862
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