Hydrogen Co. United States v. Beatley , 21 N.Y. St. Rep. 247 ( 1889 )

Bartlett, J.

The order appealed from contains a recital to the effect that it is made upon “the accompanying affidavit,” and upon the pleadings herein. No such affidavit is printed in the appeal papers. The facts, therefore, upon which the court below acted in making the order of which the appellant complains are not before us, and without a knowledge of those facts we cannot say that the order is wrong. It should therefore be affirmed, with costs. All concur.