New York Supreme Court, 1829

Chase v. Edwards & Bull

Chase v. Edwards & Bull
New York Supreme Court · Decided May 15, 1829 · Marcy
2 Wend. 283

Counsel

J. Clizbe, for defendants., F. 8. Kinney, for plaintiff.

Chase v. Edwards & Bull

Opinion of the Court

. By the Court, Marcy, J.

The jurat may be an essential part of the papers served, as without it, facts stated may be unintelligible. The books of practice say that the officer’s name, but not the date, may be omitted. When essential, the jurat must be given. The other objection, however, is fatal: the attorney, and not the clerk in the attorney’s office, should make the affidavit, unless a sufficient excuse is offered for the omission. The motion is denied, with costs.

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