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7 Graham's Cases 1851-1863

handle is hein.trials/abgv0007 and id is 1 raw text is: BENEDICT BARNARD and ALFRED Points on the part ROSENTHALL of the defendant, aganst on motion to Va- against, cate orders of ar. Louis KERSTEN. rest, 4c. On the 29th of November, 1861, the summons in this action was served on the defendant, with an order of arrest, granted by Justice Barnard, holding him to bail in $35,000. On this arrest the defendant gave bail, as pre- scribed by the Code of Procedure. Subsequently, and on the 12th of December last, a second order of arrest, holding the defendant to bail in $60,000, was granted by the same Justice, which has not, as yet, been executed against the defendant. The first order of arrest was procured on the affidavit (with the papers attached to it) of one Frederick Erwood, the alleged agent or representative of the plaintiffs' creditors, who, since their transactions with the defendant, have passed into involuntary bankruptcy in England, where they and all their creditors appear to reside. This affidavit was sworn to November 29th, 1861.