Culver v. Rumsey

<p>1. Attachment — Htjst be a valid levy. — Proceedings by attachment derive their validity wholly from the statute,which in all essential particulars must be complied with. A valid levy upon pxoperiy by the writ of attachment is essential to the jurisdiction of the coart over the subject-matter.</p> <p>2. Property must be in view oe the attaching officer. — In order to a valid levy of a writ of attachment, the property must be in view of the attaching officer. An indorsement of a levy, made when the property is miles . away from the officer making the levy, is a nullity.</p> <p>3. Irregular levy — Not aided by placing custodian over property. — Where an officer served a writ of attachment by indorsing a levy upon the writ, the property not being in the presence of the officer, the fact that the officer, two days after such levy, saw the property in the charge of a custodian whom he had placed over the property, will not aid the defect in the levy made by such indorsement.</p> <p>4. Trespass ab initio. — Where a levy of an attachment writ is made in an illegal or unauthorized manner, the sheriff and plaintiffs in attachment are liable as trespassers ab initio for any subsequent disposition they may make of the property siezed under the attachment proceedings.</p>