Bowe v. United States Reflector Co.

Sheriff's lien for costs in attachment suits—How enforced—Code of Oivil Procedure, section 709. A sheriff has a lien for his costs, charges and expenses upon property remaining in his hands after vacation of the attachment under which he seized the same, and he may sustain an action to enforce the same ' by a sale of-the property (Hall agt. R. S. Reflector Go., ante, 31, approved).

In May, 1881, Hall, Micoll dc Cranberry commenced an action in the supreme court against the United States Reflector Company, at the same time obtaining an attachment under which the plaintiff, then sheriff of the city and county of New York, attached a large stock of gas fixtures, machinery, <fcc. In May, 1883, the attachment was vacated and the sheriff’s fees taxed thereon. The sheriff refused to deliver the property to the defendant or its assignee until his charges were paid; and, neither party paying them, he brought suit against both parties to the original action and the defendant’s assignee, alleging a lien upon the property for his costs, charges and expenses, and praying a sale in satisfaction thereof, and judgment for any deficiency. The reflector company demurred to the complaint upon the grounds that the complaint did not state facts sufficient to constitute a cause of action, that there was a misjoinder of .parties and a misjoinder of causes of action. Defendant Oorbit, the reflector company’s assignee, also demurred upon the first ground.