Learned v. Vandenburgh
New York Supreme Court
In the first two causes attachments were issued to the sheriff of Greene, under the 231st section of the Code, on the 10th of April 1852. It appeared by the inventories returned by the sheriff, and by his returns on the attachments, which were dated October 26, 1852, that he levied on the defendant’s personal property only on the day the attachments were received by him.
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In the first two causes attachments were issued to the sheriff of Greene, under the 231st section of the Code, on the 10th of April 1852. It appeared by the inventories returned by the sheriff, and by his returns on the attachments, which were dated October 26, 1852, that he levied on the defendant’s personal property only on the day the attachments were received by him. Judgments were recovered in these suits which were docketed on the 21st day of June 1852. In the third suit judgment was docketed on the 16th June 1852 Executions on all the judgments were afterwards issued, and the sheriff…
1Opinion of the Court
By the Court, Parker, Justice.
Under the Revised Statutes, the warrant of attachment,-in terms, commanded -the sheriff to attach all the property, real and personal of the debtor (2 R. S. 4, §6; 2 R. S. 459, § 16). But by the Code, under which these proceedings were instituted, the sheriff is only required to attach and safely keep all the property of the defendant within his county, or so much thereof as may-be sufficient to satisfy the plaintiffs’ demand, together with costs and expenses {Code, § 231). This form of attachment is substantially like that of an execution against property.
The…
2Cited by2 opinions
- Dixey v. PollockCalifornia Supreme Court · 1857
- Van Camp v. SearleNew York Supreme Court · 1894