New York Supreme Court, 1841

Fitzhugh v. Truax

New York Supreme Court · Decided August 15, 1841 · Cowen

1 Hill & Den. 644

Counsel

W. S. Bishop, for the motion., A. P. Grant, contra.

Opinion of the Court

By the Court, Cowen, J.

The affidavit of merits is insufficient. It is, that the defendant has stated the facts of his case ; whereas it should be, that he has stated the case, fee.

Motion denied.(a)

See Rule 61st, ed. of 1837; and also Rule 1st of May T. 1840, (22 Wend. 644.) The affidavit may be, that the party has stated this case, or his case; but not that he has stated his defence, &c. (Brownell v. Marsh, 22 Wend. 636.) Nor will it do to qualify the phraseology, by adding) “ so far as the facts have come to his knowledge,” or in any other manner, unless a sufficient excuse therefor be ex pressly shown. (Brown v. Tousey, 19 Wend. 616.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.