Bondy v. Collier
New York Court of Common Pleas
Appeal from city court, general term. Action by Simon M. Bondy and another against Abraham Collier. From an order of the city court (32 N. Y. Supp. 221) affirming an order denying a motion to vacate an order of arrest, defendant Collier appeals.
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Appeal from city court, general term. Action by Simon M. Bondy and another against Abraham Collier. From an order of the city court (32 N. Y. Supp. 221) affirming an order denying a motion to vacate an order of arrest, defendant Collier appeals. The order affirmed by the general term of the city court was as follows: “The motion to vacate the order of arrest granted by me on October 9, 1894, against the defendant Abraham Collier, on the papers upon which the same was granted, and upon a notice of motion hereto annexed, proof of service, a copy of which is also hereto annexed, having been made…
1Opinion of the CourtPryor, J.
The motion to vacate the order of arrest proceeded upon the grounds of insufficiency in the affidavit, and defects in the undertaking. Since the affidavit exhibits some evidence of the facts requisite to the arrest, the affirmance of its sufficiency by the court below is conclusive with us. Wright v. Brown, 67 N. Y. 1; Liddell v. Paton, 67 N. Y. 393. Similarly, as the court below has adjudged the order of arrest invalid for defects in the undertaking, we are precluded, on an appeal by the defendant only, from gainsaying those defects, or the invalidity of that order. But though the order was…
2Cases cited2 opinions
- Wright v. . BrownNew York Court of Appeals · 1876
- Liddell v. . PatonNew York Court of Appeals · 1876
3Cited by3 opinions
- Reedy Elevator Co. v. American Grocery Co.Appellate Terms of the Supreme Court of New York · 1898
- Galligan v. GrotenAppellate Terms of the Supreme Court of New York · 1896
- Miner v. MargolisNew York Supreme Court · 1916