66 How. Pr. 474 | N.Y. Sup. Ct. | 1884
Subdivision 2 of section 549 of the Code of Civil Procedure authorizes an order of arrest in an action brought for the conversion of personal property. This is an action to recover damages alleged to have been sustained by the wrongful conversion of personal property. Section 791 of the Code of Civil Procedure provides that civil actions are entitled to preference among themselves in the trial or hearing thereof in the following order next after causes specified in the last section but one. * * * Subdivision 10. “ A cause entitled to preference by the general rules of practice or by the special order of the court in the particular case.” Rule 36 provides that whenever in any action an issue shall have been joined, if the defendant be imprisoned under an order of arrest in the action, or if the property of the defendant be held under attachment, the action shall be placed on the preferred calendar. In this case the defendant is actually imprisoned under an order of arrest and is unable to procure bail. A motion is made to place the cause on the preferred calendar. It is insisted that, the court is precluded from making an order of preference by the provisions of section 793 of the Code, for the reason that
Motion granted.