Little v. Bigelow

It was objected by defendant’s counsel that the affidavit for the motion did not come within the rule; it should have been made by the party, or a .sufficient excuse shown.

The affidavit on which the motion is *165founded is made by the law-partner of plaintiff’s attorney; it should have been made by the plaintiff, no sufficient excuse is shown why it was not so made.' Motion denied with $7 costs.