Martin v. Vanderlip
New York Supreme Court
Scott, for the Defendant, made a motion to Willard, Justice, at chambers, in pursuance of section 360 of the code, to vacate the order which he had before made for the arrest of the Defendant. The motion was made on notice to the attorney for the adverse party. In support of the motion, he first read a copy of the affidavit of the Plaintiff, on which the judge had granted the order of arrest.
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Scott, for the Defendant, made a motion to Willard, Justice, at chambers, in pursuance of section 360 of the code, to vacate the order which he had before made for the arrest of the Defendant. The motion was made on notice to the attorney for the adverse party. In support of the motion, he first read a copy of the affidavit of the Plaintiff, on which the judge had granted the order of arrest. It was in these words : State of New York, Bensselaer County, ss.: John M. Martin, late of Mew Orleans, state of Louisiana, late being at Saratoga Springs, in said county, being duly sworn, doth depose…
1Opinion of the Court
*267He next read the two following affidavits, copies of which were served on the Plaintiff’s attorney, with the notice of motion in this cause. They are as follows:
SUPREME COURT.
Joseph M. Martin vs. Wm. G. Vanderlip.
Saratoga county, ss.: George G. Scott, of said county, being duly sworn says, that he has read the affidavit of William A. Yanderlip, the above Defendant in this cause, made and taken the 18th day of July, 1848, before Thomas G. Young, a justice of the peace, and which is hereto annexed ; that deponent has read over the written examination before Joseph R. Plunkett, Esq., in the case…
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