Geib v. Icard

The affidavit of a defence on the merits cannot be made before the plaintiff has declared; and the reason assigned in this case for making it is insufficient, as, in the absence of the defendant, it may be made by his attorney or counsel. (Phillips v. Blagge, 3 Johns. Rep. 141.) It appears also that the defendant’s attorney was apprised, by the plaintiff’s attorney, that he considered the affidavit as insufficient on this account. The motion is denied-.

Motion denied.