Sperry v. Hellman
New York Court of Common Pleas
Appeal from city court, general term. Action by Howard A. Sperry against Theodore Heilman and another upon an undertaking given by them as sureties to secure an order of arrest of the plaintiff in an action against him and another in the" supreme court. The defendants appeal from a judgment of the general term of the city court, affirming a- judgment against them rendered by the trial term.
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Appeal from city court, general term. Action by Howard A. Sperry against Theodore Heilman and another upon an undertaking given by them as sureties to secure an order of arrest of the plaintiff in an action against him and another in the" supreme court. The defendants appeal from a judgment of the general term of the city court, affirming a- judgment against them rendered by the trial term. The Code of Civil Procedure, § 559, provides: “Except * * * where it is specially provided that security may be dispensed with, * * * the judge, before he grants the order [of arrest of defendant,] must…
1Opinion of the CourtBischoff, J.
In April, 1884, the Metropolitan Concert Company, Limited, instituted an action in the supreme court to recover damages for trespass against Howard A. Sperry and Robert "W. Reid, and an order for the arrest of both defendants was issued therein, but the order was executed as to Sperry, who alone was arrested. On the application for the order of arrest the usual undertaking required by section 559 of the Code of Civil Procedure was given, Theodore Heilman and Emil Carlsbaeh becoming sureties, the limit of their liability being $400. Pursuant to the terms of that undertaking the sureties…
2Cases cited4 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Ganson v. . TifftNew York Court of Appeals · 1877
3Cited by2 opinions
- Sperry v. HellmanNew York Court of Common Pleas · 1893
- Sutorius v. NorthNew York Court of Common Pleas · 1892