Elston v. Potter
The Superior Court of New York City
Appeal from an order, made at Special Term, vacating an order of arrest theretofore granted in the action. The action was brought to recover the possession of a railroad bond, which plaintiff claimed to own, and alleged that defendant had converted.
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Appeal from an order, made at Special Term, vacating an order of arrest theretofore granted in the action. The action was brought to recover the possession of a railroad bond, which plaintiff claimed to own, and alleged that defendant had converted. The plaintiff obtained, upon affidavit, an order for the arrest of the defendant, which order, omitting the formal parts, was as follows: “ It having been made to appear to me by affidavit, that thé above named plaintiff has a sufficient cause of action against said defendant, for wrongfully detaining or converting personal property, and that said…
1Opinion of the Court
By the Court —Moncrief, J.
The authority and direction to the Sheriff “ to hold the defendant to bail,” are contained and to be found only in the order of arrest. (§ 183, Code.) The order of arrest in this action states “ that the plaintiff has a sufficient cause of action against said defendant for wrongfully detaining or converting personal property,” &c. Under such an order the Sheriff could demand only such an undertaking as is required under subdivision 1 of section 179 of the Code, “ that the defendant shall at all times render himself amenable to the process of the Court,” &c. (§ 187.)…
2Cited by1 opinion
- Tracy v. GriffinNew York Supreme Court · 1867