Legal Opinion

Boucicault v. Boucicault

New York Supreme Court

Decided May 15, 1880PublishedCited by 1 opinion

Appeal from judge Donohue’s order denying defendant’s motion in the divorce suit brought by plaintiff against defendant to vacate the order of arrest previously granted by him, under subdivision 4 of section 550 of the Code of Civil Procedure.

1Opinion of the Court

Barrett, J. —

The order of arrest was not irregular in prescribing the form of undertaking; that direction might have been stricken out or disregarded as surplusage. But as the order in that respect strictly follows subdivision 1 of section 575 of the Code of Civil Procedure the defendant was not prejudiced. If the direction had been omitted, the sheriff would have been required by law to take an undertaking in precisely the same form. It was quite proper to furnish the officer with this specific guidance, rather than require him to gather the proper form from the papers. The defendant’s *133right…

2Cases cited2 opinions

  1. Forrest v. ForrestNew York Supreme Court · 1850
  2. Bushnell v. BushnellNew York Supreme Court · 1853

3Cited by1 opinion

  1. Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API