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Bertuch v. Sweeny

51 N.Y. St. Rep. 938 Court N.Y. Sup. Ct. Decision date 1893-02-13 English

Delivered by Dykman, J.

Contents

Majority

p. 938
Max Bertuch, Resp’t, v. Michael Sweeny, App’lt.

Headnote

Appeal from order denying motion to vacate an order to arrest defendant, Michael Sweeny.
John McGinn (Ed. W. S. Johnston, of counsel), for app’lt; Chas. E. Burke, for resp’t.

This is an appeal from an order denying a motion to vacate an order of arrest.

Although the moving affidavits contain strong statements, yet we think the judge at special term was justified in finding the facts in favor of the plaintiff, and the order should be affirmed, with ten dollars costs and disbursements.

Barnard, P. J., and Pratt, J., concur.