Low v. Hallett

Decided May 15, 1805

New York Supreme Court · decided 1805-05-15

EMOTT, on the common affidavit, that the trial of this cause would require the examination of long accounts, moved for a reference. . read an affidavit by the plaintiff, simply stat-j that as he was advised by his counsel, and verily believed, ° J the controversy would necessarily involve questions of law. submitted to the court whether the affidavit ought not to have specified what those questions of law were-*

Decided 1805-05-15

Thompson, J.

¶1I believe the usual mode has been to state them.

¶2Per curiam.

¶3The addition of " as advised by counsel ” is sufficient. It is to be presumed that counsel would not advise, un*83less there was some foundation. Take nothing by your motion, and pay the costs of resisting.