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6 Cow. 581

Ex parte Wallis

New York Supreme Court

Decided February 15, 1827

New York Supreme Court · decided 1827-02-15

í>. B. Tallmadge, moved to make the submission to arbitrators between the relator and Holly a rule of court; and for an attachment for not performing the award, which was in favor of the relator. Performance had been demanded.

Cited by 1 later decisions — most recently September 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1827-02-15

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Curia.

¶1Take your motion to make the submission a rule of court. The application for an attachment is premature. That writ is founded on the idea that there has been a contempt of court in disobeying the rule. The party must, therefore, be served with the rule as in other cases, and obedience demanded ; and then if it be not obeyecj, an attachment goes on shewing these facts by affidavit.

¶2Rule accordingly.

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