New York Supreme Court, 1799

Fitzroy v. Card

New York Supreme Court · Decided January 15, 1799

1 Johns. Cas. 30

Opinion of the Court

Per Curiam.

It is a rule of practice, without exception, that whenever a special motion is to be made, founded on an affidavit, a copy of such affidavit must be regularly served on the opposite party.(b)

Rule refused.

C. C. 63. Campbell v. Grove, infra, vol. 2, 105. Bergen v. Boerum, 2 Caines’ R. 256, 258, N. B. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen, 576. Graham’s Prac. 2d edit. 678.

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