Van De Velde ex rel. Van De Velde v. Colle

This is an action in tort instituted by capias ad respondendum. The order to hold the bail was made by a Supreme Court commissioner based on an affidavit of the plaintiff, Cecile Van De Velde. The defendant moves to set aside the order for bail and to quash the writ of capias and to discharge the bail, and sets up as reasons that (1) the affidavit is fatally defective because entitled in the cause and (2) the Supreme Court commissioner’s order to hold to bail is insufficient.

The affidavit, upon which the order to hold to bail issued, is entitled: “Union County Circuit Court. Cecile Van De…