Nelson v. Bell
District Court, S.D. New York
[This was a libel by Samuel C. Nelson against Thomas Bell and others. Heard on motion to set aside the proceedings, including an attachment of defendant’s property, and an arrest of his person, because of irregularities in the papers. A similar motion was previously made and denied. Case No. 1,257.]
1Opinion of the Court
BETTS, District Judge.
Notice dated February 5, 1851, was given by the proctor of Bell, one of the respondents, to the proctors of the libellant, of a motion to be made on the 11th of the same month to vacate, set aside and annul the proceedings upon the libel in this cause, and also the order of January 13, 1851, endorsed thereon, to hold the defendant to bail. The notice then proceeds to state five different grounds upon which the motion will be supported: First. That rule 23 of the supreme court has not been complied with. Second. That no affidavit or other proof was produced to the judge…
2Cases cited2 opinions
- Chase v. Edwards & BullNew York Supreme Court · 1829
- Jackson ex dem' Root v. StilesNew York Supreme Court · 1805