Court for the Trial of Impeachments and Correction of Errors, 1842

Meech v. Calkins

Court for the Trial of Impeachments and Correction of Errors · Decided June 15, 1842 · Nelson

4 Hill & Den. 534

Counsel

R. W. Peckham, for the plaintiff, objected that the affidavit was defective in not alleging that the defendants had a defence on the merits.

Opinion of the Court

By the Court,

Nelson, Ch. J.

The defendants may take a rule for a commission ; but they are not entitled to a stay of proceedings, the affidavit being clearly defective.

Ordered accordingly.(a)

See Warner v. Harvey, (9 Wend. 444;) Seymour's executors v. Strong, (19 id. 98;) also ante, p. 64, 5, note, and the cases there cited relating to the form of an affidavit of merits.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.