D. W. Alderman & Sons Co. v. Kirven

Mr. Associate; Justice; Eishburnb

delivered the unanimous opinion of the Court.

This appeal presents several questions,- all arising out of the refusal of the lower court to vacate the order for the arrest of appellant which was obtained under Sub-section 6 of Section 500 of the Code, upon a verified complaint and two supporting affidavits.

The appellant obtained his discharge from the arrest upon giving bond as provided in 5ection 507, after which he served his answer and counterclaim, and thereafter moved to vacate the order.

In opposing appellant’s motion to set aside the order, the plaintiff…