Rosenthal v. Grouse
New York Court of Common Pleas
Appeal from a judgment of a district court in the City of New York. In an action in a district court a warrant of attachment was issued and levied upon personal property of the defendant. A motion by him to set aside the attachment was denied. Judgment was rendered for plaintiff, defendant' admitting the claim upon which the action was brought.. From the judgment, the defendant appealed to this court,, seeking a review of the refusal to set aside the attachment»
1Opinion of the CourtVan Hoesen, J.
Section 3210 of the Code provides that article 3 of title 2 of chapter 19 shall apply to the district courts, except as otherwise provided in section 3211. Article 3 relates to arrests in actions in justices’ courts, and embraces all sections from 2894 to 2904, both included. Section 3211 then provides that article 3 shall not apply to arrests in actions in district courts. Here we have two sections—one providing that article 3 shall apply, and the' other that it shall not. Surely the attention of the legislature should be called to these conflicting provisions. Section 3210 also provides…
2Cases cited2 opinions
- Sullivan v. PresdeeNew York Court of Common Pleas · 1881
- Lang v. MarksNew York Court of Common Pleas · 1883
3Cited by6 opinions
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Pascocello v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1899
- Feist v. Third Ave. RailroadNew York Court of Common Pleas · 1895
- Delamanarus v. TraparisAppellate Terms of the Supreme Court of New York · 1906
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