New York Supreme Court, 1805

Bruen v. Adams

Bruen v. Adams
New York Supreme Court · Decided May 15, 1805 · Thomson
3 Cai. Cas. 97; 1 Cole. & Cai. Cas. 448

Counsel

T. L. Ogden contra,, Woods in reply.

Bruen v. Adams

Opinion of the Court

Thomson, J.

The practice, I adopted was, that if the defendant’s counsel said there was a defence, I did not allow it to be taken.

*98NEW-YORK, May, 1805.

Per curiam.

The affidavit is defective, in not saying there is a defence “ as advised by counsel.” In this case there has been a frivolous demurrer, and that is a very suspicious circumstance. ^ie defendants, therefore, take nothing by their motion.

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