¶1The jurat may be an essential part of the papers served, as without it, facts stated may be unintelligible. The books of practice say that the officer’s name, but not the date, may be omitted. When essential, the jurat must be given. The other objection, however, is fatal: the attorney, and not the clerk in the attorney’s office, should make the affidavit, unless a sufficient excuse is offered for the omission. The motion is denied, with costs.
2 Wend. 283
Chase v. Edwards & Bull
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
The affidavit of the state of the cause was made by a clerk of the attorney for the defendant, and the copy affidavit served on the plaintiff’s attorney contained no jurat, for which causes the motion was opposed.
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
How this case has been cited
Cited by 6 later decisions — most recently March 1911
4 state decisions
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