Kern v. Rackow

Neither the order which is sought to be set aside, nor the papers on which it was granted are brought before me on this motion. The allegation in the affidavit of the attorney for the defendant, with respect to the papers he understands to be' in the sheriff’s hands for the defendant’s arrest, do not apprize the court of their contents, nor by whom, when, or for what cause the order supposed to exist, was made.

Until there be an examination of the papers by the court it cannot be determined that the order was irregularly made, but the presumption would rather be in favor of its regularity.

Upon…