Lennon v. Brandt
City of New York Municipal Court
Motion to vacate order of arrest. Action by Thomas J. Lennon against John Brandt, commenced by service of summons and complaint April 25, 1888, for goods sold and delivered. On April 27, 1888, plaintiff obtained an order of arrest on an affidavit that defendant had disposed of his property with intent to defraud creditors.
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Motion to vacate order of arrest. Action by Thomas J. Lennon against John Brandt, commenced by service of summons and complaint April 25, 1888, for goods sold and delivered. On April 27, 1888, plaintiff obtained an order of arrest on an affidavit that defendant had disposed of his property with intent to defraud creditors. Defendant moved to vacate the order because the complaint failed to set forth a sufficient cause of action, as required by Code Civil Proc. § 549, and no amended complaint has been served or made as required by section 558. Sections 549, 550, 558, Code Civil Proc. N. Y., as…
1Opinion of the Court
McAdah, O. J.
Since the amendment to sections 549 and 550 of the Code, made in 1886, (chapter 672,) the plaintiff, if he obtains an order to arrest the defendant on the ground of fraudulent disposition of property, must allege the facts in his complaint, or the arrest must be vacated. Section 558. Where the arrest is applied for after the service of the complaint, the court, “before” granting the order, may, without notice, direct the service of an amended complaint, so as to make the allegations conform to the Code requirement. Section 558, supra. The object of the amendment of 1886 was to…
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