Greenbaum v. Stein
New York Court of Common Pleas
Appeal by the defendant, from an order at special term, denying a motion to vacate an order of arrest. The action was brought upon a judgment recovered in the Circuit Court of Cook County, Illinois, on the 4th day of September, 1865, for $3,766 65. On an affidavit setting forth the fraud of the defendant in contracting the debt upon which the judgment was obtained, an order of arrest was granted.
Read the full summary
Appeal by the defendant, from an order at special term, denying a motion to vacate an order of arrest. The action was brought upon a judgment recovered in the Circuit Court of Cook County, Illinois, on the 4th day of September, 1865, for $3,766 65. On an affidavit setting forth the fraud of the defendant in contracting the debt upon which the judgment was obtained, an order of arrest was granted. The defendant moved, upon affidavits, to vacate the order of arrest, which motion was denied, and the defendant appealed.
1Opinion of the Court
Daly, F. J.
In Wanzer v. De Baun (1 E. D. Smith, 261), I discharged the order of arrest upon the ground that it could be granted only in an action brought to enforce the contract. I was of opinion that the Code had simply preserved the right to arrest in the case in which it had been allowed under the act to abolish imprisonment for debt; that is, where the defendant had fraudulently contracted the debt, or incurred the obligation: respecting which the suit was brought (Laws of 1831, p. 397, § 4, subd. 4). That the 4th subd. of § 179, is confined to cases in which the cause of action is the…
2Cases cited7 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Suydam v. . BarberNew York Court of Appeals · 1858
- Harris v. ClarkNew York Supreme Court · 1848
- Arthurton v. DalleyNew York Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baxter v. . DrakeNew York Court of Appeals · 1881
- Percha v. MayorNew York Court of Appeals · 1888
- In re New York, Lackawanna & Western Railway Co.New York Supreme Court · 1885