Knox v. Dubroff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph A. Knox, from an order of the Supreme Court, made at the Rew York. Trial Term and entered in the office of the clerk of the county of Rew York on the 17th day of March, 1897, denying the plaintiff’s motion for a preference.
1Per curiam
Rule 36 of the General Rules of Practice provides : “ Whenever in any action an issue shall have been joined, if the defendant be imprisoned under an order of arrest in -the action, or if the property of the defendant be held under attachment, the trial of the action shall be preferred.” The plaintiff obtained an order of *291arrest, on which the defendant was held to bail, and in addition thereto obtained an attachment upon the defendant’s property, and upon this latter ground the action was one in which a preference was proper. This is not seriously disputed, but it is urged by the respondent…
2Cited by2 opinions
- Boeger v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1901
- McCloskey v. New York & N. J. Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1898