Hatfield v. Hatfield

City of New York Municipal Court

Hatfield v. Hatfield

15 N.Y. St. Rep. 788

City of New York Municipal Court·Decided May 15, 1888·Published

Opinion

Me Adam, Oh. J.

—If execution be returned satisfied, the plaintiff may proceed against the sheriff by rule of court— i. e., attachment—or by action. Tidd’s Pr. (Am. Notes), 1019; Graham’s Pr. (2d ed.), 366; Crocker on Sheriffs, § 424. It is a necessary part of the return that the sum realized (unless paid to the judgment creditor or his attorney) be brought into court. Adams v. Bowe, 3 Civ. Pro. R., 194, 195; Crocker on Sheriffs, § 424.

Motion for attachment granted, unless within ten days the sum of $383.74, with interest from the time of the return—to wit, April 14, 1888-—is paid into court.

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Me Adam, Oh. J.

—If execution be returned satisfied, the plaintiff may proceed against the sheriff by rule of court— i. e., attachment—or by action. Tidd’s Pr. (Am. Notes), 1019; Graham’s Pr. (2d ed.), 366; Crocker on Sheriffs, § 424. It is a necessary part of the return that the sum realized (unless paid to the judgment creditor or his attorney) be brought into court. Adams v. Bowe, 3 Civ. Pro. R., 194, 195; Crocker on Sheriffs, § 424.

Motion for attachment granted, unless within ten days the sum of $383.74, with interest from the time of the return—to wit, April 14, 1888-—is paid into court.

Hatfield v. Hatfield, 15 N.Y. St. Rep. 788 (N.Y. Super. Ct. 1888).

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