McCloskey v. McGrath, 341 U.S. 475 (1951)

McCloskey v. McGrath

No. 324

Argued February 28, 1951
Decided May 28, 1951
341 U.S. 475

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Petitioner is the sheriff who levied the attachments against accounts of German nationals "frozen" under Executive Orders Nos. 8785 and 8389, which were involved in the two preceding decisions (Zittman. v. McGrath, ante pp. 446, 471). His claim for his fees was denied by the courts below incidentally to their denial of the rights asserted by the attaching creditors.

Held: the judgment is reversed insofar as the fees of the sheriff relate to the accounts to which the Custodian was held not entitled to possession, and affirmed insofar as they relate to the accounts to which the Custodian was held entitled to possession -- without prejudice to certain rights of the sheriff as indicated in the opinion. Pp. 475-478.

182 F.2d 349, affirmed in part and reversed in part.

Petitioner’s claim to his fees as sheriff were denied by the courts below incidentally to the denial of the rights asserted by the attaching creditors. 82 F.Supp. 740; 182 F.2d 349. This Court granted certiorari. 340 U.S. 882. Reversed in part and affirmed in part, p. 478.