People ex rel. Wilder v. C. C. Church

New York Supreme Court

People ex rel. Wilder v. C. C. Church

2 Wend. 262

CourtNew York Supreme Court

DecidedFebruary 15, 1829

StatusPublished

Cited by2 cases

This text of 2 Wend. 262 (People ex rel. Wilder v. C. C. Church) 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

People ex rel. Wilder v. C. C. Church, 2 Wend. 262 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court, Marcy, J.

This is not a case in which the court will award an attachment. An attachment will issue for a rescue on mesne, but not on final process. The sheriff possessed as much power as the court can give him by the issuing of an attachment. He might have commanded what force he wanted to prevent the carrying off of the watch. Besides, he is entitled to his action against the defendant.

Motion denied.

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By the Court, Marcy, J.

This is not a case in which the court will award an attachment. An attachment will issue for a rescue on mesne, but not on final process. The sheriff possessed as much power as the court can give him by the issuing of an attachment. He might have commanded what force he wanted to prevent the carrying off of the watch. Besides, he is entitled to his action against the defendant.

Motion denied.

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Bluebook (online)

2 Wend. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wilder-v-c-c-church-nysupct-1829.

Opinion

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