Legal Opinion
Ex parte Wallis
New York Supreme Court
Decided February 15, 1827PublishedCited by 2 opinions
í>. B. Tallmadge, moved to make the submission to arbitrators between the relator and Holly a rule of court; and for an attachment for not performing the award, which was in favor of the relator. Performance had been demanded.
1Opinion of the Court
Curia.
Take your motion to make the submission a rule of court. The application for an attachment is premature. That writ is founded on the idea that there has been a contempt of court in disobeying the rule. The party must, therefore, be served with the rule as in other cases, and obedience demanded ; and then if it be not obeyecj, an attachment goes on shewing these facts by affidavit.
Rule accordingly.
2Cited by2 opinions
- Rice v. WhitlockNew York Court of Common Pleas · 1863
- People ex rel. Platt v. RiceNew York Supreme Court · 1894