Legal Opinion

Lichstrahl v. Lichstrahl

New York Supreme Court

Decided June 15, 1902Published

Motion to vacate au order of arrest. The material facts are stated in the opinion.

1Opinion of the CourtGiegerich, J.

This motion to vacate the order of arrest of the defendant in an action for a divorce is based upon several grounds, the first being that no complaint has been served, nor does the complaint form a part of the papers on which the order of arrest was granted. The plaintiff’s attorney contends that section 557 of the Oode of Civil Procedure dispenses with the necessity of a complaint and authorizes such an order upon an affidavit simply. I am compelled to take a different view of the effect of this section. It specifically refers to section 550, under which it is admitted this order was…

2Cases cited2 opinions

  1. A. F. Engelhardt Co. v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1896
  2. Shidlovsky v. CashmanCity of New York Municipal Court · 1897

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