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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.