City of New York Municipal Court October 31, 1889 (Carrigan v. Washburn)

Per Curiam.

If the court below had contented itself with passing on the question whether a supersedeas should have been allowed, and the defendant discharged from arrest, there might have been sufficient in the affidavits to have upheld his order, the parties being in conflict as to the cause of the delay in issuing final process; but the court did not do this.