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Affidavit

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

in practice: an oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. Affidavit to hold to batl,is inmany cases required before the defendant can be arrested; such affidavit must be made by a person who is acquainted with the fact,. whether he be plaintiff or not, and must state, lst, an indebtedness from the defendant to the plaintiff; 2dly, show a distinct cause of action; 3dly, the whole must be clearly and certainly expressed. Sell. Pr. 104; 1 Chit. R. 165; S. C. 18 Com. Law R. 69, note; Id. 99.—An affidavit of defence, is made by a defendant or a person knowing the facts, in which must be stated a of defence _