New York Supreme Court, 1824

Humphrey v. Cande

Humphrey v. Cande
New York Supreme Court · Decided February 15, 1824
2 Cow. 509

Counsel

A. Spencer, , Bleecker,

Humphrey v. Cande

Opinion of the Court

Curia.

The objection is fatal. There is no such cause in existence, as the one mentioned in the title ; and such an affidavit is never received. The party cannot be. convicted of perjury though he swear falsely. We refuse to hear motions for writs of mandamus upon affidavits which are entitled, and. the same rule prevails in the King’s Bench as to affidavits to hold to bail.

Motion denied.

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