New York Supreme Court, 1828

Brisban v. Hoyt

New York Supreme Court · Decided May 15, 1828 · Savage

1 Wend. 27

Counsel

Chandler, for defendant., Brown, for plaintiff.

Opinion of the Court

By the Court,

Savage, C. J.

The motion is denied, with costs. Where the effect of a rule granting a commission is to stay the proceedings, the affidavit must state the party has a defence on the merits. (2 Johns. Cas. 285.)

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