Legal Opinion

Wallace v. Wallace

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1897Published

Appeals by the plaintiff, George W. Wallace, as executor, etc., by the.defendant, Thomas P. Wallace,-as sole surviving partner, etc., • and by Charles M. Warner, as receiver, etc., from 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 New York on the 20th day of July, 1897,. granting a motion made by the Southern National Bank of New York for leave , to levy a certain warrant of attachment obtained by…

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Appeals by the plaintiff, George W. Wallace, as executor, etc., by the.defendant, Thomas P. Wallace,-as sole surviving partner, etc., • and by Charles M. Warner, as receiver, etc., from 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 New York on the 20th day of July, 1897,. granting a motion made by the Southern National Bank of New York for leave , to levy a certain warrant of attachment obtained by said bank against Thomas P. Wallace upon property of said Thomas P. Wallace, and directing that the receiver of said…

1Opinion of the Court

Patterson, J.:

This is an appeal from an order permitting an attaching creditor to levy a warrant of attachment upon property in the hands of a receiver of the defendant Wallace. The attachment was issued on the 23d of February, 1897, in an action in which' the Southern *543¡National Bank was the plaintiff and Thomas B. Wallace, the surviving partner of the firm of James Wallace & Son, the defendant. The motion for leave to levy under the • warrant was based upon an order to show cause issued on the 23d of February, 1897, but the order appealed from was not made until the 20th of July, 1897. The…

2Cases cited1 opinion

  1. Schloss v. SchlossAppellate Division of the Supreme Court of the State of New York · 1897

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