Knight v. Vanderbilt
New York Supreme Court
Appeal from special term, Hew York county. Action by Samuel I. Knight against Henry S. Vanderbilt for deceit. From an order denying a motion to discharge him from custody, under Code Civil Proc. § 572, defendant appeals. The verdict was rendered on January 21, 1892. The order of arrest was-obtained January 28, 1892, and was served February 3,1892. This motion to vacate was made two days after the order of arrest was served, and judgment was entered February 8, 1892.
1Per curiam
Section 572 of the Code of Civil Procedure, under which this-application is made, provides that a defendant arrested in a civil action, if the-*811plaintiff unreasonably delays the trial of the action, or neglects to enter judgment therein within 10 days after it is in his power to do so, must upon his application be discharged from custody, if he has already been taken under the mandate against him, or, if he has not yet been imprisoned, that he be relieved from imprisonment ¿y virtue of such mandate by the court in which the action was commenced, unless reasonable cause is shown why the…
2Cited by1 opinion
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