Morris v. Graber

Defendant moves to vacate an order of arrest issued out of this court on November 17, 1931, in the above-entitled action, under which the defendant was held in bail in the sum of $1,000. The basis of the order of arrest was a summons and complaint and affidavit setting forth a cause of action for false arrest.

The defendant urges as the ground for this motion the fact that the affidavits in support of the order of arrest failed to state that the defendant is not a resident of this State or is about to depart therefrom, and bases his contention on the case of Gelles v. Rosenbaum (141 Misc.…