Hallenback v. Whitaker

The commissioner, Mr. Matthews, before whom the affidavit was taken, does not appear as the attorney in this cause, as his name is not on the record. Though he may be a partner with the defendant’s attorney, in the profits of his business, as he is not the attorney on record, in this cause, we think the case does not come within that of Taylor v. Hatch. The objection cannot, therefore, be allowed.