Hart v. Grant

Citations

• 8 S.D. 248
• 66 N.W. 322
• 1896 S.D. LEXIS 21

Syllabus

<p>1. An affidavit for an order of arrest must either be positive, or upon information and belief; and where a material part thereof is made upon in-formtion and belief, the facts upon which the information and belief are founded must be stated. Comp. Laws, Sec. 4947.</p> <p>2. An affidavit which asserts that the facts are stated upon the personal knowledge of the affiant, but which, from the facts detailed, must necessarily have been stated upon information and belief, and the grounds of su“9h information and belief are not given, is insufficient to support an order of arrest.</p> <p>3. To authorize an order of arrest, the plaintiff must allege, in his complaint and affidavit, where the cause of arrest is identical with the cause of action, facts which will, prima facie, justify the making of the order.</p> <p>4. The complaint and order in this case examined, and Mid insufficient to sustain the order of arrest.</p> <p>(Syllabus by the court.</p>