Goepel v. Robinson Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles F. Goepel, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Flew York on the 16th day of July, 1907, as denies the plaintiff's motion to require the defendant to return to the sheriff property levied upon under a warrant of attachment but which had been returned to the' defendant upon the vacating of the warrant of attachment, or, in lieu of the return of…
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Appeal by the plaintiff, Charles F. Goepel, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Flew York on the 16th day of July, 1907, as denies the plaintiff's motion to require the defendant to return to the sheriff property levied upon under a warrant of attachment but which had been returned to the' defendant upon the vacating of the warrant of attachment, or, in lieu of the return of said property to the sheriff, to pay to the sheriff the value of said property.
1Dissent
Houghton, J. (dissenting):
The plaintiff obtained an attachment which was set aside. On appeal to this court the order setting aside the attáchment was reversed and it was thus restored. After the vacating of the attachment the defendant removed the property levied upon out of the jurisdiction of the sheriff.
I agree that this property should be restored, but I do not think the Special Term had any power to entertain a motion for- its restoration. The motion should have been made in this court, where the reversal was had.
The original order setting aside the attachment was a final order so far…
2Cases cited3 opinions
- Carlson v. . WintersonNew York Court of Appeals · 1895
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hayes v. NourseNew York Court of Appeals · 1890