M. H. Treadwell & Co. v. Mead Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the John A. Mead Manufacturing Co., from an order of the Supreme Court,, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of August, 1902, taxing the poundage of the sheriff of the county of New York at forty dollars, and directing the defendant to pay to said sheriff the said sum of forty dollars within ten days after service of a copy of the order.
1Opinion of the Court
Ingraham, J.:
We know of no authority for the provision in the order requiring the defendant to pay the poundage as taxed by the court. ' Section 709 of the Code of Civil Procedure provides that “ where a *479warrant of attachment is vacated or annulled, or an attachment is discharged, upon the application of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed by law, deliver over to the defendant, or to the person entitled thereto, upon reasonable demand, and upon payment of all costs, charges and expenses, legally chargeable by the sheriff, all the…
2Cited by9 opinions
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1905
- Seymour Manufacturing Co. v. TarnopolNew York Supreme Court · 1959
- Gadski-Tauscher v. GraffNew York Supreme Court · 1904
- McMahon v. Nourse (In Re McMahon)United States Bankruptcy Court, N.D. New York · 1987
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