Pindar v. Black
New York Supreme Court
—This was a motion to vacate an order for the arrest of the defendant, upon the ground that the affidavit upon which it was granted was insufficient. The affidavit was as follows: “Supreme Court. John Pindar v. John Doe.
Read the full summary
—This was a motion to vacate an order for the arrest of the defendant, upon the ground that the affidavit upon which it was granted was insufficient. The affidavit was as follows: “Supreme Court. John Pindar v. John Doe. Albany county, ss.: John Pindar, being duly sworn, deposes and says, that on the 22d day of May, 1849, the real defendant in this suit, and whose name is not now known to this deponent, was in command of the sloop Hornet, of Troy, on her passage up the Hudson river, which, at said time, while before the wind, wrongfully ran into the seine net of this deponent at Catskill, in…
1Opinion of the Court
Harris, Justice.
-—-The requisites of an affidavit upon which an order of arrest is to be founded, are prescribed in the 181st section of the code.
Two things must be made to appear. First. That a sufficient cause of action exists; and then, that such cause of action is among those specified in the 179 th section. Let us try the sufficiency of the affidavit in this cause by this test. And, first, as to the cause of action. It is stated positively, that the sloop Hornet, while under the command of the defendant, wrongfully ran into the seine net of the plaintiff, and injured it to the extent of…
2Cited by6 opinions
- Claypoole v. HoustonSupreme Court of Kansas · 1873
- City Bank v. LumleyNew York Court of Common Pleas · 1865
- Babcock v. KuntzschNew York Supreme Court · 1895
- People ex rel. Massarsky v. AdamsNew York Supreme Court · 1944
- Anderson v. HornCity of New York Municipal Court · 1889
1 more not listed; retrieve them via the Exa API.