Tracy v. Griffin
New York Supreme Court
APPEAL from an order made at a special term, by Justice Ingalls, refusing to vacate an order of arrest in the following form: [Title of cause.] “ To the sheriff of the county of Albany: You are hereby required forthwith to arrest William T. Veeder and Oren H. G-riffin, defendants in this action, and hold them to bail in the sum of thirteen hundred dollars, and to return this order to J. F. Crawford, plaintiffs’ attorney, at his office in Cohoes, N. Y. on the 24th day of Dec.…
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APPEAL from an order made at a special term, by Justice Ingalls, refusing to vacate an order of arrest in the following form: [Title of cause.] “ To the sheriff of the county of Albany: You are hereby required forthwith to arrest William T. Veeder and Oren H. G-riffin, defendants in this action, and hold them to bail in the sum of thirteen hundred dollars, and to return this order to J. F. Crawford, plaintiffs’ attorney, at his office in Cohoes, N. Y. on the 24th day of Dec. 1866. Dated 14th of Dec. 1866. J. H. Gluts, Albany Co. judge.” The complaint is in the ordinary form of a complaint in,…
1Opinion of the Court
By the Court,
Miller, J.
This action was brought to recover the possession of personal property unjustly detained, and damages by reason of" such detention. The order of arrest was made under the third subdivision of section 179 of the Code, and I am inclined to think that a case is sufficiently made out to bring it within that provision.
It is claimed that the order was irregular, because it provided for the holding of the defendants to bail in a specific sum. The Code (§ 183) provides that the order shall require the sheriff to hold the defendant to bail in a specified sum. This is quite…
2Cases cited1 opinion
- Elston v. PotterThe Superior Court of New York City · 1862
3Cited by3 opinions
- Rutherford v. MorrisIllinois Supreme Court · 1875
- Josuez v. MurphyNew York Court of Common Pleas · 1876
- Thompson v. ThompsonNorth Dakota Supreme Court · 1901