Higgins v. Dewey
New York Court of Common Pleas
' Appeal from city court, general term. Action by Eugene Higgins and John D. Wood against William C. Dewey. From an order of the general term, affirming an order of special term, vacating the service of an order for defendant’s arrest, plaintiff appeals, and from so much of the same order reversing an order of special term, vacating ■the order of arrest itself, defendant appeals.
1Opinion of the CourtPryor, J.
A summons having issued, and an order of arrest against the defendant having been obtained, because of fraud in incurring the liability upon which he was sued, on motion at special term of the city court the service of the summons and of the order of arrest and the order of arrest itself were vacated and set aside, on the ground that the plaintiffs had enticed him into the jurisdiction of the court for the purpose of such service and arrest. On appeal to the general term the order of the special term was affirmed, except in so far as it vacated the order of arrest, and in this particular it…
2Cases cited18 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Williams v. BaconNew York Supreme Court · 1834
- Allen v. . MeyerNew York Court of Appeals · 1878
- Metcalf v. ClarkNew York Supreme Court · 1864
- Seaver v. RobinsonThe Superior Court of New York City · 1854
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3Cited by3 opinions
- Ciancimino v. ManNew York Court of Common Pleas · 1892
- Beacon v. RogersNew York Supreme Court · 1894
- Graves v. GrahamAppellate Terms of the Supreme Court of New York · 1897