Lovell v. Martin

The defendant made a motion to discharge the order of arrest in this case on the affidavit's only on which the order of arrest was granted. He now moves, that motion having been denied, to discharge the order on affidavits on his own behalf and without any previous application for leave to renew the motion. The plaintiff objects that the first motion is decisive, and that the defendant’s remedy is by appeal and by that mode only. I have not been able to find any case decisive of the question, or any in which the question was considered. I think it beyond reasonable doubt, however, that the…