Smith v. Spalding
The Superior Court of New York City
After the order of arrest was obtained in this case, an order was obtained by the defendants, calling upon the plaintiff to show cause why such order should not be set aside, or for such further or other order as to the court will be meet and proper.” On the return of that order, the parties appeared and were heard.
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After the order of arrest was obtained in this case, an order was obtained by the defendants, calling upon the plaintiff to show cause why such order should not be set aside, or for such further or other order as to the court will be meet and proper.” On the return of that order, the parties appeared and were heard. The order made on such hearing, after.reciting an order to show cause why the order of arrest in this action should not be set aside, directs' that such order be vacated as to two of the defendants, but denies “ the motion, so far as relates to the defendant Spalding.” It says…
1Opinion of the Court
By the court, Robertson, Ch. J.
It is now claimed that no fact appeared upon the face of the papers upon which such last motion was made, different from those on which the first motion to vacate the order of arrest was denied, or that if there wére any, no excuse is given for not furnishing them on the first motion. This, of course, raises the question of the propriety of the grant of leave to renew the prior motion, or perhaps, rather, to vacate the previous order made on snob motion. It is undoubtedly *341true as a general rule, that summary applications by motion cannot be made over again on…
2Cases cited9 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Jones v. McMasters Ex Rel. YbarbaSupreme Court of the United States · 1858
- White v. MunroeNew York Supreme Court · 1861
- Cazneau v. BryantThe Superior Court of New York City · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Hall v. EmmonsThe Superior Court of New York City · 1870
- Gersman v. LevyAppellate Terms of the Supreme Court of New York · 1908
- Tuska v. JarvisAppellate Terms of the Supreme Court of New York · 1908
- German Exch. Bank v. KroderNew York Court of Common Pleas · 1895
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