Baker v. Nussbaum ( 1858 )

Beady, J.

— The order appealed from was properly made. The.defendant admitted, by his answer, that the sum directed to be paid by the order was due to the plaintiff. No other construction can properly be given to the answer. The 35th rule of the court, relied on by the defendant, has no application to such orders. They may be enforced as a judgment or provisional remedy. § 244.

Order appealed from affirmed, with costs.