Moers v. Martens

By the Court.—Davies, J.

In this case an order of arrest was granted by one of the justices of this court, by which all *258of the defendants have been arrested. On a motion, on their behalf, to discharge the order of arrest, the same was denied. This motion was founded solely on the affidavits on the part of the plaintiff, without any denial or counter-affidavits on the part of the defendants, or either of them. From this order the defendant Martens alone has appealed.

We do not think appeals from orders of this character are to be encouraged. The order of arrest is a provisional remedy, not…