Hanson v. Taper Sleeve Pulley Inc.
Hanson v. Taper Sleeve Pulley Inc.
Opinion of the Court
The attachment in behalf of the bank was issued on the 26th day of Jannary, 1885, and on that day the sheriff went to a building in which certain property of the incorporation defendant was situated. This property consisted in part of machinery not capable of removal without considerable labor. • Upon arriving at the building with the attachment, the sheriff found an officer of the incorporation in possession of the building and property. He informed
This statement of facts, though not in full detail of all the acts of the parties, is sufficient to show that the ruling of the court was correct. If the constable claimed that his acts amounted to a levy, he should have proceeded to execute his writ by attempting to reduce the property to possession. He did not do this, but returned his writ; and when another execution issued, and the sheriff was garnished thereon, the plaintiffs must be held to have abandoned any claim to a levy, and relied on the garnishment for any balance of the proceeds of the sale after paying the judgment of the bank.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.