Dart v. Arnis

The Superior Court of New York City

Dart v. Arnis

19 How. Pr. 429

The Superior Court of New York City·Decided September 15, 1860·Published

Opinion

Pierrepont, Justice.

This is a motion to remove the cause to the United States court. Under the statute, the defendant, who is a resident of another state, has this right, unless he has appeared in the action. It is conceded that the defendant, by counsel, moved the court to discharge the order of arrest. That motion was argued and denied. The decisions seem to hold that such motion is equivalent to" an entry of appearance.

The motion must be denied, with costs, to abide event.

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Pierrepont, Justice.

This is a motion to remove the cause to the United States court. Under the statute, the defendant, who is a resident of another state, has this right, unless he has appeared in the action. It is conceded that the defendant, by counsel, moved the court to discharge the order of arrest. That motion was argued and denied. The decisions seem to hold that such motion is equivalent to" an entry of appearance.

The motion must be denied, with costs, to abide event.

Dart v. Arnis, 19 How. Pr. 429 (N.Y. Super. Ct. 1860).

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