New York Supreme Court, 1879

Chandler v. City of Fon du Lac

New York Supreme Court · Decided January 15, 1879 · Barrett

56 How. Pr. 449

Counsel

Fullerton, Knox & Crosby, for defendant, Chas. P. Crosby, of counsel, appeared only for the purpose of the motion, cited Schwinger agt. Hickok (53 N. Y., 280); Bartlett agt. McNeill ( 60 N. Y., 53)., Michael H. Cardozo, for plaintiffs, cited sections 294 and 297 of the Code of Procedure; McBride agt. The Farmers' Bank of Salem,, Ohio (28 Barb., 476); Miller agt. Adams, (52 N. Y., 409, 415, affirming, 7 Lansing, 131); Gibson, Assignee, agt. Haggerty (37 N. Y., 555).

Opinion of the Court

Barrett, J.

The judgment was but quasi in rem. It was in form in personam, and its effect was simply to limit the execution. There was no good reason why, as against the defendant, and for the limited amount, the judgment should not be enforced as to that extent in personam through section 294 of the Code of Procedure. It cannot complain so long as the order does not reach beyond the property attached. It was for the third person to object to the methods adopted, but they submitted to the jurisdiction.

Motion denied, with ten dollars costs, and stay vacated.

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