Merritt v. Heckscher

The following rule, if not invariably, has very generally, been recognized and approved. When the facts constituting the cause of action, and authorizing the arrest, are the same, a motion to vacate an order of arrest will be denied, unless there is a very decided preponderance of evidence of the defendant, upon the motion, or unless the facts show clearly that the plaintiff has no cause of action. The questions brought before the court on the motion, being issues in the cause, the jury alone, except in the instances mentioned, should pass upon them at the trial. This is the rule exemplified…