Gedney v. Haas
New York Supreme Court
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
- Norris v. CrockerSupreme Court of the United States · 1852
3Cited by1 opinion
- Staub v. HenryAppellate Division of the Supreme Court of the State of New York · 1897