Dailey v. Fenton
Appellate Division of the Supreme Court of the State of New York
Appeal by William H. Wood, sheriff of Nassau county, from an order of the Supreme Court, made at the Kings County Special Term and entered in tire office of the clerk of the county of Nassau on the 14th day of October, 1899, adjudging him guilty of a contempt ■ of court, and imposing a fine of ten dollars for official misconduct.
1Opinion of the Court
Willard Bartlett, J .:
If the facts are correctly stated in the motion papers of the plaintiff, the sheriff of Nassau county was not justified in refusing to receive and serve the warrant of attachment in this action. According to the allegations in those papers, the attachment, which was to be levied upon property in the village of Sea Cliff, was offered to the sheriff in the same village between three and four o'clock on the afternoon of Saturday, September 2,1899, when the sheriff declined to receive the same, saying that he would not receive it but would either go himself or send a deputy…
2Cases cited4 opinions
- Fischer v. . RaabNew York Court of Appeals · 1880
- Hinman v. BordenNew York Supreme Court · 1833
- Tucker v. BradleySupreme Court of Connecticut · 1842
- First Nat. Bank v. FitzpatrickNew York Supreme Court · 1894
3Cited by4 opinions
- People ex rel. Sandnes v. Sheriff of Kings CountyNew York Supreme Court · 1937
- Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1902
- Ross v. La CagninaNew York Supreme Court · 1910
- Obermeyer & Liebman v. AdiskyAppellate Division of the Supreme Court of the State of New York · 1908