Quail v. Nelson
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by John W. B. Quail and another, as executors of the will of James T. Quail, deceased, against Jesse S. Nelson. From an order denying a motion to vacate an order of arrest, defendant appeals.
1Opinion of the CourtWoodward, J.
We are asked to reverse the order denying the motion to vacate the order of arrest in this action on the grounds (1) that there is a variance between the causes of action alleged in the complaint and the grounds of arrest stated in the order; (2) that the recital of the grounds for the order, stated in said order, is fatally defective. The complaint sets forth two causes of action, substantially alike, except in the amount involved, the first being all that it is necessary to discuss at this time. The death of the plaintiffs’ testator, followed by the appointment of the plaintiffs as…
2Cases cited4 opinions
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Johnson v. BuckelNew York Supreme Court · 1892
- T. New Manufacturing Co. v. GalwayNew York Supreme Court · 1893
- Hale v. BroteNew York Supreme Court · 1894
3Cited by1 opinion
- Blanck v. NelsonAppellate Division of the Supreme Court of the State of New York · 1899