11 Johns. 82
Decided January 15, 1814
New York Supreme Court · decided 1814-01-15
WOODWARD, for the defendant, moved to set aside the in? quest taken in this cause, at the sittings, in the city of Neiv-York. rea^ an affidavit stating that previous to the sittings, a copy of an affidavit of merits, and notice of its being filed with the clerk of the sittings, were duly served on the plaintiff’s attorney, w^° had noticed the cause for trial as an inquest.
Cited by 2 later decisions — most recently January 1899
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1814-01-15
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¶1The affidavit of a defence on the merits cannot be made before the plaintiff has declared; and the reason assigned in this case for making it is insufficient, as, in the absence of the defendant, it may be made by his attorney or counsel. (Phillips v. Blagge, 3 Johns. Rep. 141.) It appears also that the defendant’s attorney was apprised, by the plaintiff’s attorney, that he considered the affidavit as insufficient on this account. The motion is denied-.
¶2Motion denied.