Miner v. Margolis

The complaint sets forth a cause of action for damages for an alleged assault. A warrant of arrest has been issued against the defendant pursuant to subdivision 2 of section 549 of the Code of Civil Procedure, the action being one for damages for personal injury. The defendant moves to vacate the order on several grounds, only one of which need be noticed, viz., the failure to give a legal and sufficient undertaking as required by section 559 of said Code. Th'at section requires in a case of this kind that the judge to whom the application for the warrant is made “ before he grants the order,…