Summary
In Pierson v. Freeman (77 N.Y. 589) it is stated to have been the decision of the court that "where, in an affidavit upon which an order of arrest is granted, the facts are stated positively, not on information and belief, are not denied or disputed by defendant when opportunity is afforded, and the facts alleged are not such that the affiant could not by any possibility have sufficient knowledge of to verify, an appellate court, sitting in review of the order, may take the facts as stated."
Summary of this case from Lacker v. DreherOpinion
Argued March 25, 1879
Decided April 8, 1879
Will Man for appellants.
William C. Trull for respondent.
EARL, J., reads for affirmance of order.
All concur.
Order affirmed.