King v. Arnold — 84 N.Y. 668

Majority

p. 668

Harvey J. King, Respondent, v. Oscar B. Arnold, Appellant.

(Argued March 1, 1881;

decided March 22, 1881.)

Headnote

This was an appeal from order of General Term, affirming an order which denied a motion to vacate an order of arrest herein.

The motion was made upon the same papers on which the order of arrest was granted.

p. 669

The court say:

“ 1. The complaint contains causes of action which authorize an arrest under subdivision 8 of section 550 of the Code.

“ 2. The facts positively stated in the complaint and affidavit are sufficient to sustain the order of arrest. They were sufficient to give the county judge jurisdiction to grant the order; and with the exercise of his discretion we cannot interfere.”

J. W. Palmer for appellant.

LaMott W. Rhodes for respondent.

opinion for affirmance.

All concur.

Order affirmed.