Scherr v. Little
Scherr v. Little
Opinion of the Court
A writ of attachment was issued in this action, by virtue of which the Sheriff levied upon and took into his possession one thousand three hundred and ninety-nine dollars and eleven
In the action now before us, the Court heloiv, on motion, directed the Sheriff to pay into Court and deposit with the Clerk the money levied upon, or pay the same to his successor in office holding the execution; and from that order this appeal was taken.
The question involved is the construction to be given to the agreement signed hy the plaintiff to the Sheriff, authorizing him to retain, for a reasonable time, as additional security against the claim of Sharon, all moneys, etc. The words “reasonable time ” should have reference to attendant circumstances or events. Eeasonable time connected with one set of circumstances, might be quite unreasonable, connected with other circumstances. In this case reasonable time is to be considered with reference to the fact that Sharon claimed the money and might endeavor to establish that claim in the Courts. He has so endeavored, and his action is now pending, and is still undetermined. The sheriff was to have, not only the bond, hut as “ additional security ” against the claim of Sharon, the possession of the money. We think, therefore, that the plaintiff has, hy his agreement, authorized the Sheriff to rely for his security not only on the bond, but on the money, and that he is not now entitled to the order.
Order reversed.
Reference
- Full Case Name
- F. SCHERR v. JOHN T. LITTLE
- Status
- Published
- Syllabus
- Construction of Contract—Attachment—Reasonable Time.—The defendant in this case, as sheriff, under a writ of attachment, at the suit of the plaintiff, seized $1,399.11 coin as the property of the judgment debtor which was claimed by one S.; who on the same day brought suit for its recovery. The defendant having demanded indemnity, the plaintiff gave him a bond and also signed a written agreement that the defendant might retain for a reasonable time all moneys that might come into his hands by reason of said attachment or any execution to be issued in said action. After the plaintiff recovered judgment, the Court—pending the suit of S. against the defendant—made an order directing the sheriff, upon the delivery to him of a written undertaking approved by the Court in the sum of $1,800, to pay into Court, or to his successor in office holding the execution, the money taken under the attachment. Held: The reasonable time stipulated for in the contract is tobe considered with reference to the fact that S. claimed the money, and might endeavor to establish that claim in the Courts. The plaintiff by his agreement has authorized the defendant to rely for his security against the claim of S. not only on the bond but on the money, and he is not entitled to the order while the action of S. is pending.