Russell v. Porter — 236 N.Y. 619

Majority

p. 619

Archibald D. Russell, Respondent, v. Frank G. Porter, Appellant.

Headnote

Practice — order of arrest — sufficiency of papers.

Russell v. Porter, 203 App. Div. 880 , affirmed.

(Argued June 11, 1923;

decided July 13, 1923.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1922, which affirmed an order of Special Term denying a motion to vacate an order of arrest.

The following questions were certified: “ 1. Were the original papers upon which the order of arrest was founded insufficient in law?

“ 2. Had the Special Term, upon the motion to vacate, power to receive additional affidavits to supply the defects of the papers upon which the order of arrest was granted?

p. 620

“ 3. If the second question be answered in the affirmative were the original papers supplemented by the additional affidavits sufficient in law to uphold the order of arrest? ”

C. Bertram Plante for appellant.

Clarence V. S. Mitchell for respondent.

Judgment affirmed, with costs; second and third questions certified answered in the affirmative; first question not answered; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.