Hendricks v. Craig

Kirkpatrick C. J.

This cause was originally instituted ^g£ore j0]m wnson¡ esq. of the county of Essex. Upon the re^um the process, Craig, the plaintiff in that court, appeared and filed his state of demand. Hendricks, the defendant, did not ap*pear, but sent a written request for a commission to take the testimony of David Turvey, a resident of the city of New- Fork, accompanied by an affidavit taken before Jeremiah Ballard, esq., that the said David Twrvey was a material witness for him in this cause, but not that he resided out of this state. The justice, thereupon, without other affidavit…