Rath v. McNaught

As the affidavits for the remedy by arrest made a prima facie case of actionable fraud without reference to the proceedings in the suit of Eastmond v. McNaught (ante, p. 903), the order denying, the motion to vacate the order of arrest is affirmed, with ten dollars costs and disbursements to abide the event. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.