Lupton v. Jewett
The Superior Court of New York City
Appeal from an order appointing appraisers under section 241 of the Oode. The plaintiff, in this action, Edward Lupton, issued an attachment against the property of the defendants, James C. Jewett and others, and the same having been levied, the defendants applied to the justice issuing the attachment, upon affidavit that the value of the property was less than the amount claimed by the plaintiff, for the appointment of an appraiser, in order that they might have the…
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Appeal from an order appointing appraisers under section 241 of the Oode. The plaintiff, in this action, Edward Lupton, issued an attachment against the property of the defendants, James C. Jewett and others, and the same having been levied, the defendants applied to the justice issuing the attachment, upon affidavit that the value of the property was less than the amount claimed by the plaintiff, for the appointment of an appraiser, in order that they might have the attachment discharged on giving security in its stead. The motion was granted upon the payment of costs, which the defendants…
1Opinion of the Court
By the Court.*—Monell, J.
This is not an appealable order. The 240th section of the Code of Procedure provides, that the defendant in the action may apply to the officer who issued the attachment to discharge the same, upon delivering to such officer an undertaking in double the amount claimed by the plaintiff in his complaint. The 241st section provides, that if it shall appear by affidavit that the property attached is less than the amount claimed by the plaintiff, the officer issuing the attachment ma/y order the same to be appraised.
The object of the appraisement is to relieve a defendant…
2Cases cited1 opinion
- Bryan v. BrennonNew York Supreme Court · 1853
3Cited by1 opinion
- William Wolff & Co. v. Canadian Pacific RailwayCalifornia Supreme Court · 1891