Combs v. Dunn
New York Supreme Court
Motion by defendant that order of arrest be vacated, or that plaintiff be required to amend complaint by striking out all causes of action except that on which he is entitled to an order of arrest, and that he be required to elect npon which cause of action he will rely.
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Motion by defendant that order of arrest be vacated, or that plaintiff be required to amend complaint by striking out all causes of action except that on which he is entitled to an order of arrest, and that he be required to elect npon which cause of action he will rely. The complaint avers that the defendant, about the 12th day of December, 1877, with intent to deceive and defraud the plaintiff by inducing him to sell a certain horse to the defendant, represented to the plaintiff that he, the defendant, owned the whole of the premises occupied by him, and all he owed was about $200 ; that he…
1Opinion of the CourtAngle, J.
The alleged ground of this motion is, that the complaint contains two causes of action, one for fraud and the other on contract, in one of which the right to an order of arrest depends on the nature of the action and in the other it depends upon extraneous facts. In either view I see no ground for vacating the order of arrest. For the balance of the motion, viz., that the plaintiff be required to amend his complaint by striking out all the causes of action therein contained, except that on which he is entitled to an order of arrest, and that he be compelled to elect upon which cause of action…
2Cases cited1 opinion
- Elwood v. . GardnerNew York Court of Appeals · 1871
3Cited by1 opinion
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896