Keegan v. Carhart

The opinion of the court was delivered by

Kalisch, J.

The action in the above entitled cause was commenced by summons, against Joseph Treaey and Teddy McKegney, two of the defendants, and by capias ad respondendum against Joseph Carhart, the latter being held to bail by an order of a Supreme Court commissioner.

■ It is moved before me to set the order aside upon two grounds: (1) That the affidavits fail to set forth facts tending to show the commission of an outrageous assault and battery. (2) That the affidavits do not show facts warranting the holding of the defendant Carhart to bail.

As to the…