Groen Mfg. Co. v. Bay

This is a motion brought on by a show cause order to vacate an order of arrest on the ground that the plaintiff’s moving affidavit upon which the order of arrest dated July 9, 1962 was made, failed to state facts sufficient to justify the arrest of the defendant.

In the first place, the order of July 9, 1962 signed by Justice of the Supreme Court Jacob Abk was not an order of arrest but was actually an execution against the person of the defendant commonly referred to as a “ body execution ”. The proper section of the Civil Practice Act applicable to an execution against the person is section…