Thompson v. Best
New York Supreme Court
Appeal from special term, Sew York county. Action by James Thompson against William J. Best. On the affidavit of the plaintiff’s attorney, an order for the arrest of the defendant was issued, and from the refusal of a motion to vacate such order the defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The allegations in the affidavit are principally made upon information and belief. This affidavit states the conclusions which the affiant has formed from the reading of documents which he alleges he has in his possession. The court has no means of judging of the soundness of these conclusions, as it is not put in possession of any of the evidence upon which they are founded. The court is therefore asked to issue an order of arrest simply because the attorney of the plaintiff believes that he has evidence in his possession which tends to establish a ground of arrest. It has been sometimes…
2Cases cited1 opinion
- Wilmerding v. CunninghamNew York Supreme Court · 1883
3Cited by6 opinions
- Ex parte Yonetaro FkumotoCalifornia Supreme Court · 1898
- Ammon v. KellarAppellate Terms of the Supreme Court of New York · 1897
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
- Boyle v. SemenoffAppellate Division of the Supreme Court of the State of New York · 1922
- Hanson v. LanganCity of New York Municipal Court · 1890
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