Wright v. Grant
New York Supreme Court
Motion, made at the Clinton county special term in January, 1887, for the discharge of the defendant from arrest under an order of arrest heretofore issued in this action, and from any liability to be arrested upon any execution that may be issued upon the judgment in this action, etc.
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Motion, made at the Clinton county special term in January, 1887, for the discharge of the defendant from arrest under an order of arrest heretofore issued in this action, and from any liability to be arrested upon any execution that may be issued upon the judgment in this action, etc. The order under which the defendant was arrested was granted by a judge, and the defendant was arrested thereunder by the sheriff of the county of Franklin, on February 13, 1885, and upon such arrest the defendant, on the day following, gave the sheriff an undertaking pursuant to sections 523, 574 and 575 of…
1Opinion of the CourtPotter, J.
[After stating facts as above]—My impression upon the argument was1 that the defendant was not entitled to be discharged under the decisions made by me in Lust v. Grant and Salomon v. Same,* cited upon the argument in support of the motion, even if that decision in all respects should be affirmed ; but as that decision was undergoing review by the general term, in the first department, and might bo reversed as to the principle which the defendant’s counsel contended was applicable to this .caso, I thought it best to withhold any decision upon this motion until the decision of the general term…
2Cases cited2 opinions
- Bostwick v. . GoetzelNew York Court of Appeals · 1874
- Brown v. . the PeopleNew York Court of Appeals · 1878