Clarke v. . Lourie
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term vacating an order of arrest. An appeal does not lie to this court from an order of the General Term, affirming an order of the Special Term vacating an order of arrest.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term vacating an order of arrest. An appeal does not lie to this court from an order of the General Term, affirming an order of the Special Term vacating an order of arrest. (Townsend v. Nebenzahl, 10 Weekly Dig. 398; Liddell v. Paton, 67 N. Y. 393.) The order of arrest, like a warrant of attachment, is a provisional remedy, which it is within the discretion of the court of original jurisdiction to either grant or withhold in a proper case. The exercise of such…
1Per curiam
Eo appeal lies from an order of the General Term affirming an order of the Special Term vacating an order of arrest where, upon any view of the facts, such decision can be upheld. An order of arrest is a provisional remedy which the court may grant or refuse in a proper case within its discretion. The exercise of such discretion is not the subject of review in this court. (Liddell v. Paton, 67 N. Y. 393 ; Allen v. Meyer, 73 id. 1; Whitaker v. Imp. S. M. Co., 78 id. 621.) The order appealed from states no ground for the decision, and the opinion of the court cannot be resorted to for the…
2Cases cited2 opinions
- Hewlett v. . WoodNew York Court of Appeals · 1876
- Liddell v. . PatonNew York Court of Appeals · 1876
3Cited by6 opinions
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
- Higgins v. DeweyNew York Court of Common Pleas · 1891
- Donovan v. CornellNew York Court of Common Pleas · 1885
- Lawrence v. SamuelsAppellate Terms of the Supreme Court of New York · 1897
- Prosser v. First National BankNew York Court of Appeals · 1887
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