Smith v. Spalding
The Superior Court of New York City
Aeter 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 he meet and proper;” On the return of that order, the parties appeared, and were heard.
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Aeter 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 he 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 he 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…
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 the' last motion was made, different from those-, on which the first motion to vacate the order of arrest was denied, or that if there were 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 such motion. It is undoubtedly true, as a general rule, that summary applications by motion cannot be made over…
2Cases cited10 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- White v. MunroeNew York Supreme Court · 1861
- Snyder v. WhiteNew York Supreme Court · 1851
- Cazneau v. BryantThe Superior Court of New York City · 1857
- Willet v. FayerweatherNew York Supreme Court · 1847
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3Cited by6 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
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- First National Bank v. ClarkNew York Supreme Court · 1886
- Lalor v. DunningNew York Court of Common Pleas · 1878
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