18 Misc. 590 | City of New York Municipal Court | 1896
The action was for goods sold and delivered by-plaintiff to defendants, who resided in Louisiana, and an attachment was granted because of the nonresidence of defendants and issued to the sheriff, who thereunder, by service of a copy thereof on the Manhattan Life Insui’ance Company of this city, levied upon the defendant Lehman’s interest under a certain life insurance and endowment policy, issued in. 1889 by such company to defendant Lehman. The action was duly commenced by substituted service without the state, and the attachment was granted and levy thereunder by sendee of copy thereof made in December, 1895, and the judgment entered in March, 1896. The defendant Lehman, only, moved in April following to vacate this judgment on the grounds that. no proper levy had been made under the attachment and that the judgment was irregularly entered, and to enjoin the sheriff from selling, under the execution issued on the judgment, said defendant’s interest in said policy of insurance, and this appeal is from the order denying, such motion. Appellant’s contention is that no valid levy, was made
Eitzsimons and O’Dwyer, JJ., concur.
So much of order as denies motion to vacate judgment affirmed- and so much as, denies motion to enjoin sheriff from selling defendant’s interest in the policy reversed,- without costs.