Hand v. Nolan

This is an application to set aside an order of a Supreme Court commissioner that the defendant be held to bail in $2,500 in an action at law for the alienation of the affections of the wife of the plaintiff. The Supreme Court commissioner merely endorsed the following upon the capais, “let the defendant be held to bail in the sum of $2,500.” The grounds urged to set 'aside the order are— first, insufficiency1 of the affidavit upon which the order is based, and second, that the proof and order were not filed in the clerk’s office before the capias ad respondendum issued.

It was conceded at the…