Rolker v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Henry Rolker, from an order of ■ the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of November, 1897, vacating an order of. arrest in an action for libel. •
1Opinion of the Court
Goodrich, P. J.:
The plaintiff sues to recover damages for a libelous communication alleged to have been composed and signed by the defendant at New York, and sent to a newspaper at Caracas, Venezuela. An order was made to arrest the defendant and hold him to bail in the sum of $1,000. He was arrested while temporarily in this State, gave the requisite undertaking, was discharged, and then moved to vacate the order of arrest on the ground that the .plaintiff’s affidavit upon which .the order of arrest was granted was wholly on information and belief. The order of arrest was vacated and the…
2Cases cited3 opinions
- Whitlock v. RothNew York Supreme Court · 1850
- De Weerth v. FeldnerNew York Court of Common Pleas · 1863
- Bell v. MaliNew York Supreme Court · 1855
3Cited by2 opinions
- In re the Probate of the Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905
- Lewis v. LewisNew York Supreme Court · 1912