Van Den Bos v. Van Den Bos

Full title: HELEN G. VAN DEN BOS, Respondent, v. PAUL J. VAN DEN BOS, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 22, 1951

279 App. Div. 611 (N.Y. App. Div. 1951)

Opinion

October 22, 1951.

In an action for a separation, order denying appellant's motion to vacate an order of arrest and the arrest made thereon, and to discharge bail, reversed, without costs, and the matter remitted to Special Term to take formal evidence as to whether or not appellant was served with a copy of the affidavits upon which the order of arrest was granted. The papers disclose a controversy as to the essential fact, and it should not be resolved on affidavits. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.