People v. Snaith
New York Supreme Court
Appeal from special term, Oneida county. Action by the people of the state of New York against John Snaith, Charles B. Andrews, and Timothy J. Sullivan. Defendants appeal from an order denying a motion to vacate an order of arrest.
1Opinion of the CourtLandon, J.
We think this order must be reversed for the reason that it does not appear by the affidavits presented that the cáuse of action stated in the complaint against the defendant actually exists. The right to the order of arrest in this case depends upon the nature of the action, and the Code requires that it must appear by affidavit that the cause of action also exists. *590Section 557. The cause of action must not only be stated, but its existence must be made to appear by affidavit. The arrest of the defendant in a civil action founded upon an alleged wrongful act is a provisional and…
2Cases cited6 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- Crandall v. BryanNew York Supreme Court · 1857
- Whitlock v. RothNew York Supreme Court · 1850
- Martin v. GrossThe Superior Court of the City of New York and Buffalo · 1889
- De Weerth v. FeldnerNew York Court of Common Pleas · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- People v. BricknerCourt Of Oyer And Terminer New York · 1891
- Flatow v. Von BremsenCity of New York Municipal Court · 1890
- In re the Probate of the Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905
- Lewis v. LewisNew York Supreme Court · 1912