Brown v. Leavenworth

— The affidavit relied upon for opening the default is made by the attorney, and the material allegations are mostly upon the information of the defendant, Leavenworth. As I ruled in the case of Smiley v. Fulda* the allegations should be positively sworn to, or, if upon information and belief, the affidavit of the informant should also be procured. Leavenworth should have made or joiagd in this affidavit, to entitle it to a favorable consideration. Motion denied.