Chandler v. City of Fon du Lac

New York Supreme Court

Chandler v. City of Fon du Lac

56 How. Pr. 449

DecidedJanuary 15, 1879

StatusPublished

This text of 56 How. Pr. 449 (Chandler v. City of Fon du Lac) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chandler v. City of Fon du Lac, 56 How. Pr. 449 (N.Y. Super. Ct. 1879).

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Opinion

Barrett, J.

The judgment was but quasi in rem. It was in form in personam, and its effect was simply to limit the execution. There was no good reason why, as against the defendant, and for the limited amount, the judgment should not be enforced as to that extent in personam through section 294 of the Code of Procedure. It cannot complain so long as the order does not reach beyond the property attached. It was for the third person to object to the methods adopted, but they submitted to the jurisdiction.

Motion denied, with ten dollars costs, and stay vacated.

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Barrett, J.

The judgment was but quasi in rem. It was in form in personam, and its effect was simply to limit the execution. There was no good reason why, as against the defendant, and for the limited amount, the judgment should not be enforced as to that extent in personam through section 294 of the Code of Procedure. It cannot complain so long as the order does not reach beyond the property attached. It was for the third person to object to the methods adopted, but they submitted to the jurisdiction.

Motion denied, with ten dollars costs, and stay vacated.

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Bluebook (online)

56 How. Pr. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-city-of-fon-du-lac-nysupct-1879.