Jaroslauski v. Saunderson

New York Court of Common Pleas

Jaroslauski v. Saunderson

1 Daly 232

New York Court of Common Pleas·Decided November 15, 1862·Published

Opinion

By the Court.

Brady, J.

In addition to the reasons assigned by Judge Hiltoh, in denying the motion to discharge the order of arrest in this case, it may be said that the cause of action is in tort, and that in such cases where the claim is sworn to positively, the order of arrest will not he disturbed on conflicting affidavits as to the right of action. The merits cannot be considered and disposed of upon affidavits.

The order of the Special Term must be affirmed with $10 costs.

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By the Court.

Brady, J.

In addition to the reasons assigned by Judge Hiltoh, in denying the motion to discharge the order of arrest in this case, it may be said that the cause of action is in tort, and that in such cases where the claim is sworn to positively, the order of arrest will not he disturbed on conflicting affidavits as to the right of action. The merits cannot be considered and disposed of upon affidavits.

The order of the Special Term must be affirmed with $10 costs.

Jaroslauski v. Saunderson, 1 Daly 232 (N.Y. Super. Ct. 1862).

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