Klenoff v. Goodstein

We hold that both the motion to vacate the order of arrest, and the motion to dismiss the complaint should have been granted.

The failure to serve on defendant a copy of the affidavit on which the order of arrest was granted was a fatal defect. Section 839 of the Civil Practice Act requires that a copy of the papers upon which the order was granted must be delivered to *511the defendant upon arresting him. Here the order of arrest was obtained pursuant to section 827 of the Civil Practice Act, and the right to the order depended upon proof of extrinsic facts warranting same. Eeference to the…