Josuez v. Murphy
New York Court of Common Pleas
Motion for leave to go to the Court of Appeals. The decision of this court, which it was desired to review in the Court of Appeals, is reported ante, p. 324, where the facts of the case are stated.
1Opinion of the CourtVan Hoesen, J.
The appellant founds her application for leave to go to the Court of Appeals upon the ground that there exists a diversity of opinion and practice as to the proper form of the order of arrest provided for by subd. 3 of sec. 179 of the *405Code—the Supreme Court having held that an order of arrest in the ordinary form should be issued, whilst the Superior-Court has decided that the order should be special, and should, direct the sheriff to exact from the defendant an undertaking conformable to sec. 211 of the Code. A sufficient answer to the application is found in the fact that neither in this…
2Cases cited1 opinion
- Bullymore v. . CooperNew York Court of Appeals · 1871
3Cited by1 opinion
- Spofford v. RowanNew York Court of Common Pleas · 1887