Rogers v. McElhone
New York Supreme Court
Appeal from an order vacating an order of arrest. In this action, which was brought in the Supreme Court, the plaintiff applied to the county judge of the county of Sullivan, for an order of arrest. The defendants, on affidavits and on one day’s notice, applied to the same judge to vacate the order, which he accordingly did. The plaintiff now appealed to the Supreme Court at general term.
1Opinion of the Court
By the Court.—Hogeboom, J.
—In this case the county judge of Sullivan county, on papers fully justifying it, granted an order of arrest against the defendants in an action in this court, upon contract, for their fraud committed in the purchase of the property, to recover the price of which the action was brought. Subsequently, upon one day’s notice, and upon conflicting affidavits, the same officer vacated the order of arrest; objections being made by the plaintiff against his power to do so, and against the sufficiency in length of time of the notice of motion, which objections were overruled…
2Cases cited4 opinions
- Cayuga County Bank v. WarfieldNew York Supreme Court · 1856
- Merritt v. SlocumNew York Supreme Court · 1848
- Androvette v. BowneNew York Supreme Court · 1857
- Merritt v. SlocumNew York Supreme Court · 1851
3Cited by2 opinions
- Town of Middletown v. Rondout & Oswego RailroadNew York Supreme Court · 1872
- Parmenter v. RothNew York Court of Appeals · 1870