People Ex Rel. Roberts v. . Bowe
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, dismissing a writ of habeas corpus. (Reported below, 20 Hun, 85.) In an "action brought by the Rational Trust Company, of the city of Rew York, against the relators, an order of arrest was issued, under -which they were arrested and held in custody by the sheriff. Plaintiff recovered judgment in said action and the relators were charged in execution and thereafter held thereunder.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, dismissing a writ of habeas corpus. (Reported below, 20 Hun, 85.) In an "action brought by the Rational Trust Company, of the city of Rew York, against the relators, an order of arrest was issued, under -which they were arrested and held in custody by the sheriff. Plaintiff recovered judgment in said action and the relators were charged in execution and thereafter held thereunder. The said judgment was reversed on appeal, and the relators thereupon obtained the writ, which was made returnable at…
1Per curiam
We have examined the point presented, and the various considerations urged by the respective counsel, and are of opinion that when the judgment was obtained, and the relators were charged in execution, the provisional order of arrest was extinguished, and of no force or validity, and was not revived by the reversal of the judgment.
Chancellor Kent, in Wood v. Dwight (7 Johns. Ch. 295), said: “ When process is once discharged and dead, it is gone forever, and it never can b.e revived but by a new exercise of judicial power.” In that case it was claimed that an appeal from the order dissolving…
2Cases cited1 opinion
- Wood v. DwightNew York Court of Chancery · 1823
3Cited by10 opinions
- In Re the Application for an Attachment Against BradnerNew York Court of Appeals · 1881
- Gelles v. RosenbaumNew York Supreme Court · 1931
- People Ex Rel. Wolfe v. . JohnsonNew York Court of Appeals · 1921
- Platt v. WithingtonNew York Supreme Court · 1890
- Bowman v. BoweNew York Supreme Court · 1886
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