New York Supreme Court, 1840

Brownell v. Marsh

Brownell v. Marsh
New York Supreme Court · Decided September 15, 1840 · Bronson
22 Wend. 636
Brownell v. Marsh

Opinion of the Court

By the Court,

Bronson, J.

An affidavit that the party has fully and fairly stated this case, or his case, to counsel, *637fairly implies that he has stated the whole casé, and is a sufficient compliance, in that particular, with the 61st rule. But an affidavit that he has stated his defence to counsel, only implies that he has stated one side of the case,4 and is therefore insufficient.

Orders accordingly.

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