A. F. Engelhardt Co. v. Benjamin
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, the A. F. Engelhardt Company, from an ' order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of December, 1895, vacating an order of arrest theretofore made in the action.
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Appeal by. the plaintiff, the A. F. Engelhardt Company, from an ' order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of December, 1895, vacating an order of arrest theretofore made in the action. This action was commenced by the issuance of a summons on the 9th day of December, 18,95, on which day an order of arrest was granted in the action against the defendant Kaufman, upon affida^ v'its setting forth that he had made false representations in incurring the liability sued upon. -. ■ , Upon the…
1Opinion of the Court
Per Curiam :
The question whether an application for an. order of arrest under subdivision 4, section 549,. Code of Civil Procedure, can be made before the- existence of a coinplaint in the action has been the subject of conflicting decisions. In Hall v. Conger (1 How. Pr. [N. S.] 88) it was held by the Special Term of the Supreme Court that a complaint was unnecessary. In Lawrence v. Foxwell (49 N. Y. Super. Ct. 278) the reverse rule, was declared. We agree with the latter decision. The Code gives the right to the remedy under this subdivision “ where it is alleged in the complaitit that the…
2Cited by3 opinions
- Vandeweghe v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1919
- A. F. Englehardt Co. v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896
- Lichstrahl v. LichstrahlNew York Supreme Court · 1902