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Civil Procedure Reports (Volume 3); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York

Civil Procedure Reports (Volume 3); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1883 Excerpt: ... Adams -. Bowe. factoring Company may be treated in this case as though it were a domestic corporation. Though organized under the laws of Pennsylvania, yet its office, factory, business and affairs are located and conducted in this State. Its stock may be properly deemed to be in this State. So that it may be attached here by a creditor of its owner. The question is not free from doubt, but it seems to me proper to solve the doubt in favor of the plaintiff. ADAMS & Another v. BOWE, As Sheriff, Etc. N. Y. Marine Court; Special Term, March, 1883. 1266. Sheriff.--Must at once execute writ placed in his hands.--Return of execution and payment of money made on it substantially one and the same thing.---When to make return of satisfaction.--Action against, for money had and received, when maintainable.--Cannot lake collateral security. The sheriff must execute every writ placed in his hands with the utmost expedition and without favor, refraining from undue force or violence.' In the case of an execution, it is his duty upon its receipt by him to indorse upon it the year, month, day and hour when he received it, and then execute its mandates immediately and in every particular.' The return of an execution and the payment of the money made on it are substantially one and the same thing, and the sheriff can not claim to hold the money after he has made his return. In contemplation of law, the mouey is paid when the return is made.c It is the duty of the sheriff to make his return of the satisfaction of an execution immediately upon the payment of the amount due. The sheriff is functus officio the moment the execution has been satisfied. Where an execution was paid on August 5, and the judgment Adams v. Bowe. creditor brought an action on August 7, a...


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Product Details
  • ISBN-13: 9781154304947
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 150
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1154304949
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 281 gr


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Civil Procedure Reports (Volume 3); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York
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