Stumbfl v. Datton

This is an application to set aside an order of a Supreme Court commissioner that the defendant be held to bail in the sum of $1,000 to answer unto the plaintiff in an action at law. The grounds upon which we are asked to set aside the order are (1) that the affidavit does not set forth facts showing the commission of an outrageous battery and (2) that the affidavit does not mention any special cause for which the defendant should be held to bail.

The basis of the order to hold to bail was an affidavit of the plaintiff which alleges that on April 2d, 19.32, the defendant, without just cause or…