Polo v. D'Achille
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrea Polo, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of February, 1913, denying the plaintiff’s motion to vacate and set aside an order theretofore made herein discharging the defendant Domenico D’Achille from custody.
1Opinion of the Court
Burr, J.:
In this action, which we have previously considered (Polo v. D’Achille, No. 1, 157 App. Div. 294) on an appeal from an order setting aside a verdict in plaintiff’s favor and a judgment entered thereon, an order of arrest was issued, and defendant Domenico D’Achille was taken into custody. When the case came on for trial said defendant was brought before the court upon a writ of habeas corpus ad testificandum allowed by Hr. Justice Blackmar. • This writ directed the sheriff of the county of Kings to produce him before the Supreme Court to testify in this action, and contained a…
2Cases cited1 opinion
- Polo v. D'AchilleAppellate Division of the Supreme Court of the State of New York · 1913