2 How. Pr. 75
Decided February 15, 1846
New York Supreme Court · decided 1846-02-15
Motion by defendant, Doty, for a perpetual stay of execution, and for an order declaring the judgment satisfied. Judgment was entered in this cause in the court of common pleas of Dutchess county, on or about the 13th September, 1844, for damages and costs, $560.54. On the 17th February, 1845, the judgment was assigned to John Cotting by the plaintiff.
Decided 1846-02-15
¶1Denied the motion with costs, without prejudice.
¶2Defendant’s counsel insisted he should be let in to defend the judgment. It was objected that defendant had no affidavit of merits for the motion.
¶3Defendant’s counsel insisted that the special statement, that the judgment was paid and the receipts produced, was a sufficient affidavit of merits.
¶4Chief Justice held: That there must be a regular affidavit of merits for the motion.