Anonymous

Decided October 15, 1825

New York Supreme Court · decided 1825-10-15

This cause had been submitted to referees (under the statute) who reported for the plaintiff: whereupon the í r defendant’s attorney moved to set the report aside, upon several affidavits made by the defendant before commissioners in the city of Albany; and the motion was heard upon . _ - - -. .. — - - the calendar, and granted several terms ago ; hut the defendant’s attorney omitted to file the affidavits upon which J r the motion was founded.

Cited by 2 later decisions — most recently November 1898

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-10-15

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Curia.

¶1A formal notice of motion is not necessary. We would order you to file the affidavits, upon an informal suggestion, that you had omitted to file them. All motions stand upon the same footing in this respect, whether enumerated or non-enumerated. It is the duty of the attorney to file the original papers with the Clerk at the time of making, or opposing the motion. Though copies are furnished, it is upon the originals that the judgment or decision is founded. It does not lie with the defendant, in answer to this application, to say that filing the affidavits will criminate him. The question is between the Court and the attorney. The motion must be granted.

¶2Motion granted.(a)

¶3 Mr. Livingston informed mo that he relied for his practice on what Yates, J. said in Rex v. Wilkes, (4 Burr. 2571.)