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20 Johns. 274

Boyce v. Thompson

New York Supreme Court

Decided August 15, 1822

New York Supreme Court · decided 1822-08-15

NOTICE of the rule to plead, m this and five other . , . . causes, in which the names of the parties were different, directed to each of the defendants respectively, and an aflidavit of the service entitled in all the causes, was filed, and ... , a default thereupon entered m each cause, by the clerk. A question arose, which was submitted to the Court, whether the clerk was entitled to charge fees for six affidavits, or for one only r

Decided 1822-08-15

Per Curiam.

¶1The clerk is entitled to charge for reading and filing an affidavit in each cause. The parties here are different. In Jackson, ex dem. Burnett, v. Keller, all the causes were at the suit of the same lessor of the plaintiff. Besides, the clerk, in this case, must enter a default, founded on an affidavit, in each cause.

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