1 Johns. Cas. 30
Decided January 15, 1799
New York Supreme Court · decided 1799-01-15
A motion was made for judgment, as in case of nonsuit, for not proceeding to trial, on the usual affidavit; but no copy had been served on the opposite party.
Cited by 1 later decisions — most recently August 1803
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1799-01-15
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¶1It is a rule of practice, without exception, that whenever a special motion is to be made, founded on an affidavit, a copy of such affidavit must be regularly served on the opposite party.
¶2Rule refused.
¶3C. C. 63. Campbell v. Grove, infra, vol. 2, 105. Bergen v. Boerum, 2 Caines’ R. 256, 258, N. B. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen, 576. Graham’s Prac. 2d edit. 678.