Weber v. Moog

This appeal must be determined only upon the papers before the special term. The parties, in points submitted after the argument, have each stated facts not appearing in the affidavits. We cannot regard such statements. The affidavits upon *109winch the order was granted show that the summons and complaint were served May 4, 1881. The defendant served an answer May 16,1881, and on the same day obtained an order ex parte requiring plaintiff to file security for costs. This order was subsequently set aside upon plaintiff’s motion, and defendant, on July 21, 1881, gave notice of the motion which…