Lynch v. . Crary
New York Court of Appeals
Appeal- from a judgment. James Lynch, sheriff of New York (for whom, on his death pending the action, Margaret Jane, his administratrix, was substituted as plaintiff), sued George X>. Crary and Henry Pike, in the New York superior court, alleging that in 1863, one Fuller commenced an action against Stewart & Bramson, on contract, and issued a warrant of attachment therein as a provisional remedy, which was delivered to this plaintiff for execution.
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Appeal- from a judgment. James Lynch, sheriff of New York (for whom, on his death pending the action, Margaret Jane, his administratrix, was substituted as plaintiff), sued George X>. Crary and Henry Pike, in the New York superior court, alleging that in 1863, one Fuller commenced an action against Stewart & Bramson, on contract, and issued a warrant of attachment therein as a provisional remedy, which was delivered to this plaintiff for execution. That defendants, Crary and Pike, had, at that time, in their possession, a considerable sum of money and goods and things in action belonging to…
1Opinion of the Court
By the Court.—Andrews, J.
No attempt was made by the sheriff to execute the attachment in the action against Stewart and Bramson, upon their debt against these defendants until after judgment in the attachment suit had been entered.
The Code prescribes the manner of executing an attachment upon property incapable of manual delivery.
To attach a debt owing to the defendant in the attachment, the sheriff is required to leave with the debtor a certified copy of the warrant of attachment, together with a notice showing the- property levied on (Code of Pro., § 235).
No lien is acquired under the…
2Cases cited2 opinions
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Rodgers v. . BonnerNew York Court of Appeals · 1871
3Cited by13 opinions
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Smith v. Parkersburg Co-Operative Ass'nWest Virginia Supreme Court · 1900
- Castriotis v. . Guaranty Trust Co.New York Court of Appeals · 1920
- McCarthy v. CulkinNew York Court of Appeals · 1930
- Peetsch v. SommersAppellate Division of the Supreme Court of the State of New York · 1898
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