Tompkins v. Smith
The Superior Court of New York City
Appeal from an order of the special term vacating an order of arrest. The action was to recover the sum of $31,030, alleged to have been lost in gaming. Upon the complaint and an affidavit reciting the loss and payment of sums amounting in the aggregate to the sum claimed, at the game of faro, an order of arrest was granted, which was afterwards, upon motion, and upon the same papers upon which he had granted it, vacated by the same judge.
1Opinion of the CourtRussell, J.
— The order of arrest was vacated on the theory that the law does not authorize an arrest in such a case as this. It was claimed on the argument, by the appellant, that the order of arrest ought to have been maintained, because the retention by the defendants of the moneys sued for brought the case within the second subdivision of section 549 of the Code of Civil Procedure, which gives to a plaintiff a right to arrest a defendant where the action is for “ an injury to property, including the wrongful taking, detention or conversion of personal property.” The appellant’s contention was that…
2Cases cited9 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- Morgan v. GroffNew York Supreme Court · 1848
- Fowler v. Van SurdamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Caussidiere v. BeersNew York Court of Appeals · 1865
- Like v. ThompsonNew York Supreme Court · 1850
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3Cited by7 opinions
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- Staub v. HenryAppellate Division of the Supreme Court of the State of New York · 1897
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