Legal Opinion

Gedney v. Haas

New York Supreme Court

Decided November 15, 1875PublishedCited by 1 opinion

This is a motion made, on behalf of the defendant, to vacate an order of arrest granted in this action, by a judge of this court, beforb service thereof, and of the summons accompanying the same; or to reduce the amount of bail. To obtain a standing in court, defendant appeared generally in the action, and demanded service of a copy of the complaint.

1Opinion of the CourtFreedman, J.

— Neither the order which is sought to be set aside, nor the papers on which it was granted, were brought before me; and the motion is based exclusively upon an affidavit to the effect that the plaintiff has no claim against the defendant; and that the amount of bail which defendant says is required by the order is excessive.

Such a motion ought not to be encouraged at this stage of the case.

Section 204 of the Code provides that a defendant arrested may, at any time before judgment, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail.

*311Under section 183, the…

2Cases cited1 opinion

  1. Norris v. CrockerSupreme Court of the United States · 1852

3Cited by1 opinion

  1. Staub v. HenryAppellate Division of the Supreme Court of the State of New York · 1897

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