William Skinner Manufacturing Co. v. Fagenson

To hold that a motion to vacate an order of arrest upon the papers upon which it was granted can he made only to the *122justice who granted it, would, in many instances, lead to a miscarriage of justice. A justice of the Supreme Court outside of the Eirst Judicial District may, and it often happens that he does grant an order of arrest in an action pending in this district. By section 769 of the Code of Civil Procedure, a motion in an action triable in the First Judicial District must be made in that district, but if the motion can be made only before the justice who granted the order of arrest…