Legal Opinion

Van Loan v. Kline

New York Supreme Court

Decided May 15, 1813PublishedCited by 4 opinions

THIS was an action of trover. At the trial, the plaintiff proved his property in the goods, and a demand and refusal of them.

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THIS was an action of trover. At the trial, the plaintiff proved his property in the goods, and a demand and refusal of them. It was admitted that on the 8th October, 1811, a judgment was entered up and docketed, by virtue of a warrant of attorney, on a bond, against one Eaton, at the suit of T. Croswell; on which judgment aJL fa. was issued, tested the 18th August, 1811, which was delivered to the plaintiff, as sheriff of the county of Green, on the 11th October, 1811. It was proved that the plaintiff on the day he received the execution, went to the house of Eaton, and found the property in…

1Per curiam

The attachment issued under the act of 1808, (sess. 31. c. 204.) and was duly served not only before the execution under which the plaintiff acted, but prior to the judgment on which it issued. The act directs the constable serving the attachment, to take and safely keep the goods, to satisfy such judgment as may be rendered in favour of the creditor, and to remove the goods, on receiving security, that they shall be produced to satisfy any execution which may be issued on such judgment. The service of the attachment seems, then, to place the goods in the custody of the law, or, at least, to…

2Cited by4 opinions

  1. Martin v. DrydenIllinois Supreme Court · 1844
  2. Watts v. WillettNew York Court of Common Pleas · 1858
  3. Merchants' & Manufacturers' Mutual Insurance v. Washington Mutual InsuranceOhio Superior Court, Cincinnati · 1855
  4. Stone v. MillerNew York Supreme Court · 1862

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