Krooks v. L. & C. Wise Co.

Headnote

Attachment—Directions to Sheriff—Modification of Order.

An order directing the sheriff to take possession of the attachment debt- or’s books of account, and to permit plaintiff to examine them for the purpose of discovering the whereabouts of the debtor’s property, will be modified by striking out the direction to take possession of the books, Where the sheriff states in his affidavit that he was informed that the books referred to were in the debtor’s safe, of which he did not have the combination, since such order might be construed as a direction from the court to break open the safe.

Action by Samuel J. Krooks against the L. & C. Wise Company. An attachment having been levied on defendant’s stock of goods, plaintiff procured an order directing the sheriff to take possession of the books of account of defendant, which plaintiff stated in his moving affidavit were at defendant’s place of business, and that the sheriff permit plaintiff to examine such books. • An affidavit of the sheriff was filed, on a motion to vacate said order, stating that he had seized defendant’s safe under the writ of attachment, and that he was informed that the books referred to were in said safe, but that he did not have the combination, and could not open it. Modified.