Weigel v. Zuckerer

121 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1910-03-04 English

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p. 1150

WEIGEL, Respondent, v. ZUCKERER, Appellant.

(Supreme Court, Appellate Division, Second Department.

March 4, 1910.)

Headnote

Action by Frederick Weigel against Herman Zuckerer.

Order reversed, with $10 costs and disbursements, and motion to vacate order of arrest granted, with costs, on the ground that the affidavit on which the order of arrest was granted does not set forth sufficiently facts showing malice and absence of probable cause.