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Court for the Trial of Impeachments and Correction of Errors, 1843

Wood v. Crowner

Wood v. Crowner
Court for the Trial of Impeachments and Correction of Errors · Decided February 15, 1843 · Cowen
4 Hill & Den. 548

Counsel

B. R. Wood, for the plaintiff,, D. Burwdl, contra, objected that the affidavit was insufficient.

Wood v. Crowner

Opinion of the Court

By the Court,

Cowen, J.

The affidavit should have been made by the plaintiff, or a sufficient excuse given for the omission. The motion must be denied.

Ordered accordingly, (a)

As to affidavits on which to move for or oppose a change of venue, see the note to Brittan v. Peabody, (ante, p. 64, pl. 4; p. 69, pl. 9.) And see Bird and others v. Moore and others, (3 Hill, 447,) as to affidavits on which to move for judgment as in case of non-suit.

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