People v. Ten Eyck

New York Supreme Court

People v. Ten Eyck

1 Wend. 306

DecidedOctober 15, 1828

StatusPublished

This text of 1 Wend. 306 (People v. Ten Eyck) 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 v. Ten Eyck, 1 Wend. 306 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Sutherland, J.

Although the rule for the attachment was not obtained until more than twenty days had expired after the service of the notice on the sheriff still the attachment issued irregularly. The sheriff had not twen[307]*307ty days after the service of the notice on him, before he was required to shew cause ; he must, therefore, be discharged from the attachment, and the plaintiff obtaining the attachment must pay the costs of this proceeding.

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By the Court,

Sutherland, J.

Although the rule for the attachment was not obtained until more than twenty days had expired after the service of the notice on the sheriff still the attachment issued irregularly. The sheriff had not twen[307]*307ty days after the service of the notice on him, before he was required to shew cause ; he must, therefore, be discharged from the attachment, and the plaintiff obtaining the attachment must pay the costs of this proceeding.

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Bluebook (online)

1 Wend. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ten-eyck-nysupct-1828.