Sturges v. Sturges
New York Supreme Court
Motion to vacate order of arrest.
1Opinion of the CourtRodenbeck, J.
The defendant was arrested under section 550 of the Code of Civil Procedure during the pendency of an action for separation and gave an undertaking to be released from arrest. He now moves to vacate the order of arrest and discharge the undertaking on the ground that the trial has been had and a decree of the court made. The undertaking in this action was given under sections 550 and 575 of *476the Code to insure the observance of the decree in this action. Section 550 is a substitute for the old writ of ne exeat which cannot be definitely traced to its source (Story Eq. Juris. 1464 et seq.; 11…
2Cases cited2 opinions
- Bushnell v. BushnellNew York Supreme Court · 1853
- Gardiner v. GardinerThe Superior Court of New York City · 1877
3Cited by1 opinion
- Subernick v. SubernickNew York Supreme Court · 1924