7 Wend. 513
Decided March 22, 1832
New York Supreme Court · decided 1832-03-22
It was objected that the affidavit was made by the attorney, and although he stated that the witnesses sought to be examined were material to the defence of the action, he did not add as advised by counsel; and it was also objected that laches were imputable to the defendant, the cause having been at issue since the 23d January last, and three special terms having since elapsed.
Good law ✅— No negative treatment on recordhow we know
Decided 1832-03-22
Cited by 3 later decisions — most recently July 1898
3 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.
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¶1By the Court,
¶2The advice of an attorney is the advice of counsel, within the meaning of this rule of practice. Here the affidavit is made by the attorney, and he states that the witnesses are material, which is sufficient. The delay in asking for the commission is not so great as to preclude the defendant from the effect of his motion. Let a commission issue, with stay of proceedings until the same can be executed and returned.