Smith v. Keepers
New York Supreme Court
This is a motion to advance a cause and place it upon the circuit calendar of preferred causes for trial under Rule 36 of the General Rules of Practice, upon the ground that the defendant is imprisoned under an order of arrest and unable to obtain bail. The action is brought to recover damages for the wrongful conversion of personal property, and the order of, arrest was granted under subdivision 2 of section 549 of the Code of Civil Procedure.
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This is a motion to advance a cause and place it upon the circuit calendar of preferred causes for trial under Rule 36 of the General Rules of Practice, upon the ground that the defendant is imprisoned under an order of arrest and unable to obtain bail. The action is brought to recover damages for the wrongful conversion of personal property, and the order of, arrest was granted under subdivision 2 of section 549 of the Code of Civil Procedure. Nothing appears by the pleadings upon which a preference could be given. Prior to the service of the notice of this motion, defendant served a notice…
1Opinion of the Court
Lawrence, J
Subdivision 2 of section 549 of the Code of Civil Procedure authorizes an order of arrest in an action brought for the conversion of personal property. This is an action to recover damages alleged to have been sustained by the wrongful conversion of personal property. Section 791 of the Code of Civil Procedure provides that civil actions are entitled to preference among themselves in the trial or hearing thereof in the following order next after causes specified in the last section but one. * * * Subdivision 10. “ A cause entitled to preference by the general rules of practice or…
2Cases cited2 opinions
- City National Bank of Dallas v. National Park BankNew York Supreme Court · 1882
- Robertson v. SchellhaasNew York Supreme Court · 1881
3Cited by4 opinions
- McDonald v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1948
- McDonald v. GoldsteinNew York Supreme Court · 1948
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Bernstein v. StrammielloNew York Supreme Court · 1952