Stuerwald v. Furman

The opinion of the court was delivered by

Kalisch, J.

This matter comes before me on notice given on behalf of the defendant to the .plaintiff’s attorneys to vacate an order, to hold the defendant to bail, as having been improvidently issued, and in support of'the motion, the following reasons are presented:,

*471“1. The capias therefore was made on non-sufficient affidavits. 2. The affidavit on which the capias based was ■entitled in the case when no cause was pending. 3. That it does not set forth a cause of action upon which a capias may be issued. 4. That the order of the Supreme Court…