Quail v. Nelson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jesse S. Nelson, from an order of theSuprerne Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of" January, 1899, denying the defendant’s motion to vacate an order for his arrest, theretofore granted in the action.
1Opinion of the Court
Woodward, J.:
We are asked to reverse the order denying the motion to vacate the order of arrest in this action on the grounds (1) that there is a variance between the causes of action alleged in the complaint and the grounds of arrest stated in the order; (2) that the recital of the grounds for the order, stated in said order, is fatally defective. The complaint sets forth two causes of action substantially alike, except in the amount involved, the first being all that it is necessary to set forth at this time. The death of the plaintiffs’ testator, followed by the appointment of the…
2Cases cited3 opinions
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Johnson v. BuckelNew York Supreme Court · 1892
- T. New Manufacturing Co. v. GalwayNew York Supreme Court · 1893