Martin v. Gross
The Superior Court of the City of New York and Buffalo
Appeal from special term. In this action by Thompson Martin against Theodore Gross, plaintiff obtained an order of arrest, which defendant moved to vacate. The motion was denied, and defendant appeals.
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Appeal from special term. In this action by Thompson Martin against Theodore Gross, plaintiff obtained an order of arrest, which defendant moved to vacate. The motion was denied, and defendant appeals. Code Civil Proc, § 567, provides that, “except where an order of arrest can be granted only by the court, a defendant arrested as prescribed in this title may at any time before final judgment, or, if he was arrested within 20 days before final judgment, at any time within 20 days after the arrest, apply to vacate the order of arrest,” etc., and also provides for an application in a case where…
1Opinion of the CourtTritax, J.
The motion to vacate the order of arrest was made upon the papers upon which the order of arrest was granted. The respondent claims that the order should be affirmed because it nowhere appears that the defendant had been arrested, and cites section 567 of the Code of Civil Procedure in support of his claim. The object of that section is to limit the time in which a person arrested shall make bis motion to vacate the order of arrest, or to reduce the amount of bail, or to increase the security given by the plaintiff. Section 568 provides that an application to vacate an order of arrest may be…
2Cases cited3 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Knight v. AbellNew York Supreme Court · 1888
3Cited by5 opinions
- People v. SnaithNew York Supreme Court · 1890
- Moriarty v. MoriartyThe Superior Court of the City of New York and Buffalo · 1890
- Flatow v. Von BremsenCity of New York Municipal Court · 1890
- Kuh v. BarnettThe Superior Court of the City of New York and Buffalo · 1889
- Staub v. HenryAppellate Division of the Supreme Court of the State of New York · 1897