Clearwater v. . Brill
New York Court of Appeals
This was an action to recover possession of certain personal property. Plaintiff, as constable, by virtue of several attachments issued by a justice of the peace, valid upon their face, levied' upon and took possession of the property. While so in possession, defendant, as sheriff, by virtue of another attachment, valid upon its face, issued to him against the owner, levied upon and took the property from plaintiff’s possession.
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This was an action to recover possession of certain personal property. Plaintiff, as constable, by virtue of several attachments issued by a justice of the peace, valid upon their face, levied' upon and took possession of the property. While so in possession, defendant, as sheriff, by virtue of another attachment, valid upon its face, issued to him against the owner, levied upon and took the property from plaintiff’s possession. Prior to the time of this taking, judgment had been obtained in the attachment suits and executions issued thereon to plaintiff, who levied upon the property by…
1Opinion of the Court
FOLGER, J., reads for reversal and new trial; ALLEN, MILLER and EARL, JJ., concur.
CHURCH, Ch. J., and ANDREWS, J., concur in result on the ground that defendant's attachment was valid; with this EARL, J., also concurs.
Judgment reversed.
2Cited by2 opinions
- American Metal Climax, Inc. v. Seaboard Die Casting Corp.New York Supreme Court · 1964
- Bodine v. ThurwachterNew York Supreme Court · 1884