Hufty v. Wilson

*242The opinion of the court was delivered by

Voorhees, J.

This is an application to set aside the order of a Supreme Court commissioner that the defendant be held to bail in $10,000 in an action of tort for the alienation of the affections of plaintiff’s wife.

In actions of tort the rule is that there must be an order to hold to bail by a judge or commissioner, but only upon proof by affidavit disclosing a good cause of action and some special circumstances -why the order should be made. Benson v. Bennett, 1 Dutcher 166. Actions for outrageous battery or mayhem and actions for seduction are said to…