City Bank v. Lumley

By the court, In these cases, the defendant feeling aggrieved by the orders of arrest, moved to discharge them. The order to discharge was granted upon *398the orders of arrest, the affidavits on which they were granted, and affidavits and papers annexed on the part of the defendant. The defendant succeeded on his motion, and the orders of arrest were discharged upon two grounds —first, that the affidavits on the part of the plaintiffs were on information and belief, and were not in conformity to the case of De Weerth agt. Feldner, decided in this court, and reported in 16 Abb. Pr. Rep. 295 ;…