New York Supreme Court, 1829

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

People ex rel. Wilder v. C. C. Church
New York Supreme Court · Decided February 15, 1829 · Marcy
2 Wend. 262
People ex rel. Wilder v. C. C. Church

Opinion of the Court

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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