Legal Opinion

Markey v. Diamond

New York Court of Common Pleas

Decided November 15, 1892PublishedCited by 2 opinions

Appeal from an order of the General Term of the City Court reversing an order of the Special Term of that court, denying a motion to vacate an order of arrest in an action by Philip Markey against Charles Herbert Diamond to recover for false representations.

1Per curiam

The appellant has not made out a good case for the reversal of this order. It appears to us that the criticism of the General Term of the City Court upon this affidavit is justifiable. It contains assertions of the falsity of the representations made by the defendant; but they are evidently based upon information only and the sources of the information are not given nor any reason why better proof is not offered. Where, in a civil action, the plaintiff desires, so to speak, to enforce his claim at the outset by arrest and imprisonment of the defendant — in other words to have execution before…

2Cases cited2 opinions

  1. Morris v. . TalcottNew York Court of Appeals · 1884
  2. Dreyfus v. OtisNew York Supreme Court · 1877

3Cited by2 opinions

  1. Neves v. CostaCalifornia Court of Appeal · 1907
  2. Ex parte Yonetaro FkumotoCalifornia Supreme Court · 1898

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