Mott v. Union Bank
The Superior Court of New York City
The questions of law arising at the trial of this cause were directed to be heard in the first instance at General Term. The action was by Garrett S. Mott against The Union Bank in the city of New York, for alleged false imprisonment. The cause was tried before Mr. Justice Robertson and a Jury, on the 14th day of January, 1861. The facts are stated in the opinion of the Court. I. An order of arrest can only be issued before judgment.
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The questions of law arising at the trial of this cause were directed to be heard in the first instance at General Term. The action was by Garrett S. Mott against The Union Bank in the city of New York, for alleged false imprisonment. The cause was tried before Mr. Justice Robertson and a Jury, on the 14th day of January, 1861. The facts are stated in the opinion of the Court. I. An order of arrest can only be issued before judgment. (Code, § 183.) “ The order may be made to accompany the summons, or at any time afterwards, before judgment.” II. There can be but one judgment in an action.…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
In an action commenced in the Supreme Court by the Union Bank against Jacob H. Mott and Garrett S. Mott, The Union Bank, on the 5th of November, 1855, recovered, by default, a judgment against Garrett S. Mott alone, for $198,600.87 damages and $12.50 costs.
*593On the 11th of November, 1858, at a Special Term of the Supreme Court, on a motion made in that action by G-. S. Mott “to set aside the default and judgment * * and the proceedings subsequent thereto,” it was “ ordered that the said defendant have leave to serve his answer to the complaint herein, within ten…
2Cited by4 opinions
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- Beers v. HendricksonThe Superior Court of New York City · 1868
- Holmes v. BushNew York Supreme Court · 1885
- Negley v. Counting-Room Co.City of New York Municipal Court · 1885