Sheehan v. Carvalho

I dissent from the conclusion at which the court has arrived in the case at bar. It is establishing a new practice which, so far as my observation goes, has never obtained, and which differs materially from that which has long prevailed under the Code in reference to motions respecting orders of arrest, orders of injunction, and warrants of attachment. In those cases, although the language of the Code is that an application to discharge such provisional remedies may be made, upon the papers or upon proof by. affidavits, by the defendants, it has uniformly been held that an application to…