22 Wend. 636
Decided September 15, 1840
New York Supreme Court · decided 1840-09-15
On motion to change the venue in this cause, and on motions in several other suits where an affidavit of merits was necessary, it was objected that the affidavit did not conform to the 61st rule, .which requires the party to swear “ that he has fully and fairly stated the case to his counsel.” The affidavits were, that the defendant, had stated his case, this case and his defence to counsel,
Good law ✅— No negative treatment on recordhow we know
Decided 1840-09-15
Cited by 6 later decisions — most recently November 1904
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1By the Court,
¶2An affidavit that the party has fully and fairly stated this case, or his case, to counsel, *637fairly implies that he has stated the whole casé, and is a sufficient compliance, in that particular, with the 61st rule. But an affidavit that he has stated his defence to counsel, only implies that he has stated one side of the case,4 and is therefore insufficient.
¶3Orders accordingly.