Barker v. Cook
New York Supreme Court
Appeal from an order vacating an order of arrest. This was an action by Stephen A. Barker, John Moore, Jr., and Joshua T. Drowne, against William L. Cook, upon two promissory note's, amounting to $1221.33. An order of arrest was granted by Mr. Justice Sutherland, on an affidavit tending to show that the defendant had disposed of his property with intent to defraud creditors.
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Appeal from an order vacating an order of arrest. This was an action by Stephen A. Barker, John Moore, Jr., and Joshua T. Drowne, against William L. Cook, upon two promissory note's, amounting to $1221.33. An order of arrest was granted by Mr. Justice Sutherland, on an affidavit tending to show that the defendant had disposed of his property with intent to defraud creditors. The affidavit was duly signed and verified by one of the plaintiffs, and was filed with the clerk of the court at the time of obtaining the order of arrest. The defendant moved, on an order to show cause, to vacate the…
1Opinion of the CourtSutherland, P. J.
It does not appear from the appeal papers upon what ground the judge at special term vacated the order of arrest. If, as stated by plaintiff’s counsel, he vacated it exclusively on the ground that the copy affidavit served contained no signatures or copy signatures, I think he erred. If no copy or paper purporting to be a copy of the affidavit had been served by the sheriff upon arresting the defendant, such omission would, I think, have been an irregularity only, and would not have entitled the defendant to his discharge. (Keeler a. Betts, 3 Code R., 183; Courier a. McNamara, 9 How. Pr.,…
2Cases cited2 opinions
- Courter v. McNamaraNew York Supreme Court · 1854
- Graham v. McCounNew York Supreme Court · 1851
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