First Nat'l Bk. of Oswego v. . Dunn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 19,1883, which reversed an order of Special Term, staying proceedings upon an execution issued upon a judgment recovered in the action second above entitled, and setting aside a levy made by the sheriff" of Oswego county in virtue of such execution.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 19,1883, which reversed an order of Special Term, staying proceedings upon an execution issued upon a judgment recovered in the action second above entitled, and setting aside a levy made by the sheriff" of Oswego county in virtue of such execution. (Reported below, 29 Hun, 529.) On the 7th day of January, 1882, John Dunn made a general assignment for the benefit of his creditors, to John Dorsey, Jr., his book-keeper and clerk, who took possession of the assigned property, consisting…
1Opinion of the CourtFinch, J.
If the General Term were right in sustaining the levy upon the property held under the writ of replevin, the sheriff occupies a very awkward and anomalous position, and the law is made to demand a seeming impossibility. The sheriff took possession of the malt in obedience to process requiring him to take that specific property. The defendants in replevin, Dunn and Dorsey, not giving a bond for the return of the property within the prescribed three days, it became the imperative duty of the sheriff to deliver such property to the First National Bank of Oswego, the plaintiff in the action.…
2Cases cited5 opinions
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- Thompson v. ButtonNew York Supreme Court · 1817
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Acker v. WhiteNew York Supreme Court · 1841
- Read & Co. v. Sprague & McGownSupreme Court of Alabama · 1859
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- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- In re Estate of LeikindNew York Court of Appeals · 1968
- Mayer v. Chelten Avenue Building Corp.Supreme Court of Pennsylvania · 1936
- Sigal v. Frank E. Hatch Co.Appellate Terms of the Supreme Court of New York · 1908
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