12 Abb. Pr. 379 | N.Y. Sup. Ct. | 1861
—The Revised Statutes provided for the issuing of attachments against property in various cases as a remedy for the collection of debts. This process could be issued against absconding, concealed, and non-resident debtors (3 Rev. Stat., 5 ed., 78); against debtors confined for crimes (Ib., 90); against ships and vessels (Ib., 795); and against foreign corporations (Ib., 754; 2 Ib., 3 ed., 553). In all these cases, except the last, the proceedings were for the benefit of all the creditors of such debtors, and all persons who had liens against such ships and vessels; and each of the statutes provided, in substance, if not in terms, that the proceedings were to be taken under the process first issued. In relation to proceedings against absconding, concealed, and nonresident debtors, the statute provided (3 Ib., 85, § 41) that if,
The statute effecting this object has never been repealed, but has been continued in force expressly by section 17 of the first article of the Constitution of the State, and, as to executions, by section 291 of the Code. The Code (section 227 and following) has added to the number 'of cases in which the preliminary process by attachment in court suits can be resorted to for the collection of debts, and in which the process is solely for the benefit of the plaintiff in the action. It secures property to answer the judgment which he may obtain; it includes actions for the recovery of money, against foreign corporations, or against non-resident defendants, or absconding or concealed debtors, or any person or corporation about to remove any of his or its property from the State, or defendants who have assigned, disposed of, or secreted, or are about to assign, dispose of, or secrete any of their property, with intent to defraud their creditors.
There is nothing in the Code inconsistent with the provision of the Revised Statutes, regulating the priority of attachments where several are delivered to the same officer against the same defendant,- and a levy is made by virtue of all upon the same property. The difference between the Revised Statutes and the Code, as to the extent of the levy to be made under the old and new attachments, cannot affect the question of preference where the attachments are levied upon the same property. The prop
The order of the special term should be affirmed, with §10' costs.
Present, James, Rosekrans, Potter, and Bocees, JJ.