Dadirrian v. Whitson

The motion to vacate the order of arrest being based upon the original papers upon which the order of arrest was granted it is immaterial whether the defendant was arrested or not. Martin v. Gross, 56 N. Y. Super. Ct. 512; Staub v. Henry, 16 App. Div. 476. In the latter case the dissenting opinion indicates that the reason why the minority of the justices in that case did not vote to vacate the order of arrest was that the defendant had not been arrested under the process, and that the motion to vacate was 'premature. It is evident, however, that the majority of the court must have thought…