James v. Young

Decided March 15, 1788

Supreme Court of the United States · decided 1788-03-15

JUDGMENT being entered by default at the first term, Mifflin had obtained a rule to shew cause why it should not be opened, upon the affidavit of a third person, that the Defendant was bed-ridden, and that there was a just and conscionable defence. Todd a terwards opposed the action as grounded upon the affidavit of a third person.

Good law ✅— No negative treatment on recordhow we know

Decided 1788-03-15

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently September 1923

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1But

By the Court:

¶2A third person fully acquainted with the circumstance ought certainly to be admitted to make the affidavit of a defence when the party himself from extreme sickness is incapable of making it; but when he is present, and subject to no disability, it is regularly incumbent upon him to do it. This, however, it a case under very particular circumstances; and the judgment was entered at the first term. We think, therefore, the judgment ought to stand as a security; but that the Defendant must be let into a trial upon an issueable plea.