Lindsey v. Mexican Crude Rubber Co.

Citations

• 197 F. 775
• 1912 U.S. Dist. LEXIS 1490

Syllabus

<p>1. Attachment (§ 176*) — Validity—Motion to Discharge — Waiver.</p> <p>Where defendant had recognized the validity of an attachment by giving an undertaking to have it discharged, he could not thereafter raise the question of its validity.</p> <p>[Ed. Note. — For other cases, see Attachment, Cent. Dig. § 463; Dec. Dig. § 176.*]</p> <p>2. Attachment (§ 163*) — Property Subject to Liens — Levy.</p> <p>Where property in the hands of a third person subject to liens is attached, the sheriff, in making the attachment, cannot take the property out of the hands of the lienor.</p> <p>[Ed. Note. — For other cases, see Attachment, Cent. Dig. §§ 460-463; Dec. Dig. § 163.*]</p> <p>3. Sheriffs and Constables (§ 47*) — Compensation—Poundage Fees.</p> <p>An attachment having been discharged by the substitution of an undertaking, the sheriff was absolutely entitled to poundage fees as provided by Laws N. Y. 1890, c. 523, § 2, as amended by Laws N. Y. 1892, c. 418, to he taxed on the value of the property, not exceeding the amount specified in the warrant, without reference to the basis of the settlement, should one be made.</p> <p>[Ed. Note. — For other cases, see Sheriffs and Constables, Cent. Dig. §§ 72-74; Dec. Dig. § 47.*]</p>