Hyperlawhypertext legal database Dodge v. Porter 21 N.Y. Super. Ct. 696

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Dodge v. Porter

21 N.Y. Super. Ct. 696 8 Bosw. 696 Court Heard at General Term October 19; Decision date 1861-10-26 English

Judges (Before Bosworth, Oh. J., and Hoffman, Woodruff, Monorief, Robertson and White, J. J.)

Contents

Majority

p. 696
William E. Dodge, Plaintiff and Respondent, v. James L. Porter et al., Defendants and Appellants.

Headnote

It was decided in this case that where a sheriff has seized property upon an attachment issued as a provisional remedy, the Court will not, unless he is irresponsible, order him to pay the proceeds into Court, at the instance of one of the defendants, who had a prior execution against the other, under which the sheriff had levied on the same property before the attachment.
(Before Bosworth, Oh. J., and Hoffman, Woodruff, Monorief, Robertson and White, J. J.)
Heard at General Term October 19;
decided, October 26, 1861.

See the points decided, in the index to this volume under the title “Practice—Attachment.”

And see the appeal from the order, reported at length, with the opinion at General Term, in 13 Abbotts’ Pr., 253.