Watson v. McGuire
New York Court of Common Pleas
Apueal by the defendant from an order at special term, denying a motion to vacate an order of arrest granted under the third subdivision of section 179 of the Code of Procedure. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court.—Cardozo, J.
The action is to recover certain personal property, and upon an affidavit and the certificate of the sheriff that the property has been eloigned and concealed by the defendant, so that it could ndt be taken by the sheriff, an order under subdivision three of section 179 of the Code was granted, to arrest the defendant. A motion to vacate the order on the papers on which it was issued was made and denied. The grounds on which the motion was based, and on which we are asked to reverse the decision below, are, 1st, That no fact is stated from which the judge could…
2Cases cited2 opinions
- Roberts v. RandelThe Superior Court of New York City · 1851
- Mulvey v. DavisonThe Superior Court of New York City · 1852
3Cited by1 opinion
- Josuez v. MurphyNew York Court of Common Pleas · 1876