Searing v. Goodstein
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Fourth Judicial District. The action was commenced in the District Court in the City of New York for the Fourth Judicial District, by summons. Upon the return of the summons the plaintiff, by way of complaint, alleged that the defendant had converted to his own use certain property belonging to her. The defendant answered by a general denial.
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Appeal from a judgment of the District Court in the City of New York for the Fourth Judicial District. The action was commenced in the District Court in the City of New York for the Fourth Judicial District, by summons. Upon the return of the summons the plaintiff, by way of complaint, alleged that the defendant had converted to his own use certain property belonging to her. The defendant answered by a general denial. The cause being tried, the justice found in favor of the plaintiff for '$50 damages, and $22.50 costs and extra costs. The counsel for the plaintiff thereupon requested the…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]— The question involved in this appeal is as to the right of the plaintiff herein to have inserted in the judgment the words above mentioned, no warrant or order of arrest having been issued in the action.
In the case of Glacius v. Moldtz it was expressly decided by the General Term of this court that under the District Court act such words should not be inserted unless the action had been commenced by warrant; that as a defendant could only be arrested in an action commenced by a warrant, and as the action was commenced by a summons, no execution against the…
2Cited by2 opinions
- Babcock v. SmithNew York Court of Common Pleas · 1892
- Schreiber v. FinanAppellate Terms of the Supreme Court of New York · 1899