¶1The affidavit is defective. Had this cause been with a venue in NeW-York, the same mode of swearing would have entitled you to your judgment. We are not to infer facts from affidavits, when the party has it in his power to state them positively. The motion must be denied.
3 Cai. Cas. 128
Brooks v. Hunt
Decided August 15, 1805
New York Supreme Court · decided 1805-08-15
HENRY moved for judgment as in case of nonsuit on an affidavit, merely stating for “ not bringing the cause to “ trial at the last circuit in and for the county of Montgom- ery, accorading to the practice of the court, objected that it did not specify where the venue* was laid. insisted it appeared from irresistible implication, to have been in Montgomery.
Decided 1805-08-15