Davis v. Scott
New York Court of Common Pleas
Application for an order of arrest. The nature of the application sufficiently appears from the opinion.
1Opinion of the Court
Daly, F. J.
By the Bevised Statutes, arrests were allowed without a judge’s order in actions of debt, contract, trover, trespass for taking personal property, trespass upon lands, and replevin ; but in all other actions they were not allowed, unless upon a judge’s order, and then only in the cases and according to the practice established by the Supreme Court. (2 Rev. Stat., 348, §§ 6, 7.)
By the practice established .in the Supreme Court when the Bevised Statutes went into effect (1828), an order would not be granted for the arrest of a defendant in actions of assault and battery, libel, or…
2Cases cited1 opinion
- Van Vechten v. HopkinsNew York Supreme Court · 1807
3Cited by6 opinions
- Gelles v. RosenbaumNew York Supreme Court · 1931
- Britton v. RichardsNew York City Court · 1872
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1871
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1869
- Morris v. GraberCity of New York Municipal Court · 1932
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