Baxter v. . Drake
New York Court of Appeals
Appeal from order of. the General Term of the Supreme Court, in the first judicial department, made November 26, 1880, which affirmed an order of Special Term denying a motion to vacate an order of arrest herein. (Reported - below, 22 Hun, 565.) The facts are sufficiently stated in the opinion. The arrest of defendant was not warranted under section 552 of the Code of Civil Procedure.
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Appeal from order of. the General Term of the Supreme Court, in the first judicial department, made November 26, 1880, which affirmed an order of Special Term denying a motion to vacate an order of arrest herein. (Reported - below, 22 Hun, 565.) The facts are sufficiently stated in the opinion. The arrest of defendant was not warranted under section 552 of the Code of Civil Procedure. (Goodrich v. Dunbar, 17 Barb. 644.) This action is upon a contract, i. e., a judgment; No part of the Code authorizing arrests because of tort can apply to it. (McGuire v. Gallagher, 2 Sandf. 402.) The facts…
1Opinion of the CourtMiller, J.
The complaint in this action is upon a judgment alleged to have been recovered in the Circuit Court of the United States for the Eastern District of Tennessee. The action was originally brought in the State Court of Tennessee, and was removed, upon the application of the defendant, to the Circuit Court of the United States. An affidavit upon which the order of arrest was granted shows that certain bonds, of $1,000 each, were delivered to the firm of' which the defendant was a member, to be sold on commission; that all of them, except eighteen, which' were duly demanded, were accounted for,…
2Cases cited5 opinions
- Suydam v. . BarberNew York Court of Appeals · 1858
- Nicholl v. MasonNew York Supreme Court · 1839
- Arthurton v. DalleyNew York Supreme Court · 1860
- Greenbaum v. SteinNew York Court of Common Pleas · 1867
- Mallory v. LeachNew York Supreme Court · 1862
3Cited by10 opinions
- Hellstern v. HellsternNew York Court of Appeals · 1938
- Boyle v. SemenoffAppellate Division of the Supreme Court of the State of New York · 1922
- Ex Parte HowitzCalifornia Court of Appeal · 1906
- Leach v. LindeNew York Supreme Court · 1893
- Pitt v. FreedNew York Supreme Court · 1894
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