Rosenthal v. Grouse
New York Court of Common Pleas
Defendant appeals from a judgment rendered in favor of the plaintiff in the fifth district court, and also from an order denying a motion made by the defendant to vacate a warrant of attachment issued against the property of the defendant.
1Opinion of the CourtVan Hoesen, J.
— Section 3210 of the Code provides that article 3 of title 2 of chapter 19 shall apply to the district courts, except as otherwise provided in section 3211. Article 3 relates to arrests in actions in justices’ courts, and embraces all sections from 2894 to 2904, both included. Section 3211 then provides that article 3 shall not apply to arrests in actions in district courts. Here we have two sections, one providing that article 3 shall apply, and the other that it shall not. Surely the attention of the legislature should be called to these conflicting provisions. Section 3210 also provides…
2Cases cited2 opinions
- Sullivan v. PresdeeNew York Court of Common Pleas · 1881
- Lang v. MarksNew York Court of Common Pleas · 1883