5 Cow. 21
Decided October 15, 1825
New York Supreme Court · decided 1825-10-15
<p>On a motion for a now trial on account of newly discovered evidence, or to set aside the report of referees upon the merits, and other enumerated motions founded upon affidavit, counter affidavits may be read without being previously served on the party moving.</p>
Decided 1825-10-15
¶1We held at the last term that on moving to set aside the report of referees, upon the merits, which is a calendar motion, counter affidavits might be 1 ead without being served ; and
¶2There is no difference in this respect, between enumerated and non-enumerated motions.
¶3The affidavits were read accordingly.