Bogardus v. Doty

Denied the motion with costs, without prejudice.

Defendant’s counsel insisted he should be let in to defend the judgment. It was objected that defendant had no affidavit of merits for the motion.

Defendant’s counsel insisted that the special statement, that the judgment was paid and the receipts produced, was a sufficient affidavit of merits.

Chief Justice held: That there must be a regular affidavit of merits for the motion.