Rapp ex rel. Seybert v. Elliot
Rapp ex rel. Seybert v. Elliot
1 Yeates 185
Rapp ex rel. Seybert v. Elliot
Opinion of the Court
You are now too late; the affidavits should have been filed when you pleaded the dilatory plea. This we take to be the spirit and true intent of the rule, and apprehend to be the practice in England under the stat. 4 and 5 Ann. c. 16, § 11, from which the rule is taken. Vide 3 Burr. 1617. 1 Barnes 257.
Rule made absolute, to set aside the plea, for want of an affidavit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.