¶1said, that to entitle the defendant to read affidavits in support of his answer, in such a case, he must either file them with his answer, and serve copies thereof upon the solicitor of tha adverse" party with such answer, or he must serve them with his notice of motion to dissolve the injunction, and must give notice to the complainant’s solicitor that they will be read upon the hearing of such motion.
1 Barb. Ch. 374
Markham v. Markham
Decided March 7, 1846
New York Court of Chancery · decided 1846-03-07
Upon a motion to dissolve an injunction, on bill, answer and affidavits, where an answer on oath was waived, and the charges in the bill were supported by the affidavits of disinterested witnesses, as authorized by the 37th rule;
Decided 1846-03-07