19 Wend. 154
Decided December 15, 1838
New York Supreme Court · decided 1838-12-15
The attaching creditor died intermediate the issuing of the attachment and the appointment of trustees. The commissioner, notwithstanding, appointed trustees. No new creditors had come in to avail themselves of the attachment. A motion was made to set aside the appointment of trustees and all subsequent proceedings, on the ground that by the death of the attaching creditor the proceedings abated.
Good law ✅— No negative treatment on recordhow we know
Decided 1838-12-15
Cited by 5 later decisions — most recently June 1928
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2The act on this subject has made no provision for the continuation of the proceedings after the death of the attaching creditor, and they must therefore be considered to have abated by his death. Had other creditors come in and) claimed the benefit of the attachment, a different case would have been presented.
¶3Motion granted.