Fuller v. Emeric
The Superior Court of New York City
' This was a motion to discharge the defendant Emeric from arrest, &c., under an order made by Sandford, J., on the 10th day of August last, in the nature of a writ of ne exeat. After •the defendant was arrested, and on the 17th of August the same justice made an order discharging Emerie from custody, on his executing an undertaking, in $2000, with surety, conditioned as provided in respect of bail in the code of procedure. The defendant gave an undertaking accordingly.
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' This was a motion to discharge the defendant Emeric from arrest, &c., under an order made by Sandford, J., on the 10th day of August last, in the nature of a writ of ne exeat. After •the defendant was arrested, and on the 17th of August the same justice made an order discharging Emerie from custody, on his executing an undertaking, in $2000, with surety, conditioned as provided in respect of bail in the code of procedure. The defendant gave an undertaking accordingly. The complaint set forth the existence of a partnership between Emerie and Fuller, in merchant tailors goods ^ that the firm…
1Opinion of the CourtBy the Court. Sandford, J.
The code of procedure declares that it is expedient to abolish the distinction between legal And equitable remedies, and thereupon enacts that all remedies in courts of justice, shall consist of two classes, viz., actions and ■special proceedings. Actions are divided into civil and criminal,
*628This suit is therefore a civil action, as defined andestablishsdi by the code of procedure.
The seventh title of the code is devoted to “ the provisional remedies in civil actions,” and three are treated of at large. These are, 1. Arrest and bail; 2. Claim and delivery of personal property -f and, 3.…
2Cited by5 opinions
- Bushnell v. BushnellNew York Supreme Court · 1853
- Johnston v. JohnstonThe Superior Court of New York City · 1863
- Jastram v. . McAuslanSupreme Court of Rhode Island · 1910
- Collins v. . CollinsNew York Court of Appeals · 1880
- Jastram v. McAuslanSupreme Court of Rhode Island · 1909