Ensign v. Nelson
New York Supreme Court
Appeal by Frank Tracy Helson from an order denying a motion to vacate an order of arrest, granted on the application of Hermann L. Ensign. Code Civil Froc. H. Y. § 568, cited in the opinion, and essential to an understanding thereof, provides, in substance, that where a defendant files affidavits in support of his motion to vacate an order of arrest, plaintiff may oppose such motion by new proofs, tending to sustain any ground of arrest recited in the order.
1Opinion of the CourtDaniels, J.
The order of arrest was made by the court under section 551 of the Code of Civil Procedure. This authorizes the court to make the order in an action wherein the judgment demanded would require the performance of an act the neglect or refusal to perform which would be punishable by the court as a contempt, and the defendant is not a resident of the state, or, being a resident, is about to depart therefrom, by reason of which non-residence or departure there might be danger that the judgment or order requiring the performance of the act would be ineffectual. The action was brought for an…
2Cases cited3 opinions
- Marston v. . GouldNew York Court of Appeals · 1877
- Dean v. SmithWisconsin Supreme Court · 1868
- Hathaway v. RussellThe Superior Court of New York City · 1879
3Cited by4 opinions
- Fenton v. DuckworthAppellate Division of the Supreme Court of the State of New York · 1909
- Klenoff v. GoodsteinAppellate Division of the Supreme Court of the State of New York · 1944
- Repetti v. GilNew York Supreme Court · 1975
- Smith v. OgilvieNew York Supreme Court · 1889