Skinner v. Stuart
New York Supreme Court
Appeal from an order overruling demurrer. This action was brought by Francis Skinner, Henry H. Horton, Edmund F. Cutler, Josiah Bardwell, and William P. Brent-well, against George H. Stuart, and twenty-four others, to aid the levying of an attachment, issued as a provisional remedy in favor of the plaintiffs, in an action against Joseph W. Shepherd and William R. Moore; and, also, to determine the priority among certain of the defendants, who were creditors of Shepherd and…
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Appeal from an order overruling demurrer. This action was brought by Francis Skinner, Henry H. Horton, Edmund F. Cutler, Josiah Bardwell, and William P. Brent-well, against George H. Stuart, and twenty-four others, to aid the levying of an attachment, issued as a provisional remedy in favor of the plaintiffs, in an action against Joseph W. Shepherd and William R. Moore; and, also, to determine the priority among certain of the defendants, who were creditors of Shepherd and Moore. The complaint is stated at length, 13 Ante, M2, where the decision sustaining the action is reported. The…
1Opinion of the CourtClerks, J.
I. At common law, when personal, tangible property was levied upon under an execution, it forthwith vested in the sheriff—the plaintiff in the execution could not meddle with it; if it was converted or concealed or taken away, none but the sheriff could retake it, or by action recover it or the value of it. The property, when once levied upon, was in the custody of the law; and its minister, the sheriff, was bound to preserve it against all the world, for the purpose of satisfying the judgment. To him alone could the plaintiff look for the application of the property to this purpose.
The law…
2Cited by6 opinions
- Holland v. . GroteNew York Court of Appeals · 1908
- Mechanics & Traders' Bank of Jersey City v. DakinNew York Supreme Court · 1867
- Braem v. Merchants' National BankNew York Supreme Court · 1889
- Dufour v. AndersonIndiana Supreme Court · 1884
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1865
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