Hall v. United State Reflector Co.
New York Supreme Court
Plaintiffs, upon commencing this action, obtained a war rant of attachment, under which the sheriff of New York county attached a large stock of gas fixtures, machinery, &c. After long litigation, the attachment was vacated, the same order taxing the sheriff’s fees and directing that the same be paid by plaintiffs. The'sheriff’s fees not being paid by either party, the sheriff refused to deliver the attached property to ■ the defendant or its assignee.
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Plaintiffs, upon commencing this action, obtained a war rant of attachment, under which the sheriff of New York county attached a large stock of gas fixtures, machinery, &c. After long litigation, the attachment was vacated, the same order taxing the sheriff’s fees and directing that the same be paid by plaintiffs. The'sheriff’s fees not being paid by either party, the sheriff refused to deliver the attached property to ■ the defendant or its assignee. Defendant moved for an order requiring the sheriff to deliver the attached property without payment of his charges, and also for a precept…
1Opinion of the CourtPotter, J.
There are two motions made by the defendant in this action ; one to punish plaintiffs for contempt by arrest and imprisonment, under an attachment, for failure to pay the fees and charges of' the sheriff, as fixed and allowed by the order of this court, June 1, 1883, upon an attachment issued in this action; and the other to direct the sheriff to *33surrender and deliver the property of the defendant taken by the sheriff under said attachment-.
I have come to the conclusion that both motions should be denied. The law gives the sheriff - certain specified fees for serving an attachment, and also…
2Cited by1 opinion
- Perrin v. McMannCalifornia Supreme Court · 1892