GUMBEL v. PITKIN


124 U.S. 131 (1888)

GUMBEL v. PITKIN.

Supreme Court of United States.

Decided January 9, 1888.


Attorney(s) appearing for the Case

Mr. Charles F. Buck for plaintiff in error. Mr. George H. Braughn was with him on the brief.

Mr. George Denegre, Mr. Walter D. Denegre and Mr. Thomas L. Bayne filed a brief for defendants in error, Hoffheimer & Brothers.

Mr. Assistant Attorney General Maury, with whom was Mr. Thomas J. Semmes, for defendants in error, Maddox; Hobart & Co., Kerbs & Spies; and Corning & Co.


MR. JUSTICE MATTHEWS delivered the opinion of the court.

The grounds on which the Circuit Court proceeded in denying the relief prayed for by the intervenor, and which have been reiterated in argument at the bar, are, 1st, that no levy of the writ of attachment was in fact made by the sheriff, because he did not and could not acquire actual possession of the property sought to be seized, then in the possession of the marshal...

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