Stringfield v. Fields
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York affirming an order of that court denying a motion to vacate an attachment. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
A discretionary order made by the General Term of the City Court will not be reviewed by the Court of Common Pleas (Walsh v. Schulz, 12 Daly 103). By a discretionary order I mean one that has been made by the judge of the court below upon evidence as to the force and effect of which men of good judgment may fairly differ. In the language of Chief Justice Church, in Anonymous (59 N. Y. 315), “ when it becomes necessary to weigh conflicting evidence, to decide as to the credibility of witnesses, to consider the effect to be given to the conduct of parties, —in short any question in respect to…
2Cases cited4 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Allen v. . MeyerNew York Court of Appeals · 1878
- Walsh v. SchulzNew York Court of Common Pleas · 1884
- Andrews v. SchwartzNew York Court of Common Pleas · 1878
3Cited by5 opinions
- Higgins v. DeweyNew York Court of Common Pleas · 1891
- Haulenbeck v. CoenenCity of New York Municipal Court · 1890
- Bicknell v. SpeirNew York Court of Common Pleas · 1892
- Clemmons v. GormanNew York Court of Common Pleas · 1894
- Engelage v. RaymondNew York Court of Common Pleas · 1892