Crockett v. Smith
New York Supreme Court
Motion for leave to enter judgment of discontinuance. This was an action to recover $500 for merchandise sold to the defendant. An order of arrest was issued on the ground of fraud in contracting the debt. The facts upon which the motion was based are sufficiently stated in the opinion.
1Opinion of the CourtLeonard, J.
The defendant was arrested, and held to bail. The complaint has not been served. The defendant served affidavits and notice of motion to vacate the order of arrest.
While the motion was pending, but before it was heard, the plaintiffs obtained an ex-parte order discontinuing the action on payment of costs.
The plaintiffs’ attorney tendered to the defendant’s attorney the amount of costs provided by the Code to be paid before notice. The defendant claims the costs of the motion noticed by him to vacate the order of arrest, and moves for leave to enter judgment of discontinuance.
*63It is usual to…
2Cases cited2 opinions
- Rees v. Van PattenNew York Supreme Court · 1856
- Bates v. JainesThe Superior Court of New York City · 1853
3Cited by1 opinion
- Michael v. WenningNew York Marine Court · 1882