Garbutt v. Bradner

Said he should order the motion to stand over to the next special term, that the defendant might show the nature of the action, in order to satisfy the court that he required the number of witnesses which he had sworn to. Unless an explanation was made, he should consider it a fraud upon the court, in swearing to the materiality of seventy-eight witnesses on a defence in a common action of assumpsit.

Rule accordingly.