People ex rel. Wilder v. C. C. Church , 2 Wend. 262 ( 1829 )

By the Court, Marcy, J.

This is not a case in which the court will award an attachment. An attachment will issue for a rescue on mesne, but not on final process. The sheriff possessed as much power as the court can give him by the issuing of an attachment. He might have commanded what force he wanted to prevent the carrying off of the watch. Besides, he is entitled to his action against the defendant.

Motion denied.