Rohshand v. Waring

New York Supreme Court

Rohshand v. Waring

1 Abb. N. Cas. 311

DecidedNovember 15, 1876

StatusPublished

This text of 1 Abb. N. Cas. 311 (Rohshand v. Waring) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rohshand v. Waring, 1 Abb. N. Cas. 311 (N.Y. Super. Ct. 1876).

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Opinion

Lawrence, J.

The arrest of the defendant under the fourth subdivision of section 292, is only allowed when there is danger of the defendant leaving the State or concealing himself. From the affidavit laid before me it appears that the defendant is in Philadelphia, so that it cannot be said that there is danger of his leaving the State. The proof as to his concealing himself, in my opinion, should show that, being in this State, the defendant conceals himself, &c.. I do not regard the affidavit as making out a case within the statute.

Application denied.

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Lawrence, J.

The arrest of the defendant under the fourth subdivision of section 292, is only allowed when there is danger of the defendant leaving the State or concealing himself. From the affidavit laid before me it appears that the defendant is in Philadelphia, so that it cannot be said that there is danger of his leaving the State. The proof as to his concealing himself, in my opinion, should show that, being in this State, the defendant conceals himself, &c.. I do not regard the affidavit as making out a case within the statute.

Application denied.

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Bluebook (online)

1 Abb. N. Cas. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohshand-v-waring-nysupct-1876.