Higgins v. Dewey
City of New York Municipal Court
Appeal from special term. Action by Eugene Higgins and others against William 0. Dewey. Defendant is a citizen of Massachusetts, and while in New York city was arrested at the instance of plaintiffs. Defendant moved that the order of arrest and the service thereof be set aside, for the reason that he had been inveigled by plaintiffs to come within the jurisdiction of the court. His motion was granted, and plaintiffs appeal.
1Dissent
Fitzsimons, J.,
(dissenting.) This is an appeal from an order made vacating an order of arrest against the defendant, and the service made thereunder, upon the ground that the defendant, who it appears is a resident of Massachusetts, was enticed by plaintiffs within the jurisdiction of this court, for the purpose of serving upon him said process. The application for the vacation of said order of arrest and service thereof is based upon technical grounds and reasons, and should not be encouraged or supported unless the defendant demonstrates that he was enticed by plaintiffs within the…
2Cases cited9 opinions
- Adriance v. . LagraveNew York Court of Appeals · 1874
- Metcalf v. ClarkNew York Supreme Court · 1864
- Carpenter v. SpoonerThe Superior Court of New York City · 1850
- Allen v. WhartonNew York Supreme Court · 1891
- Mason v. LibbeyNew York Supreme Court · 1876
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