Wadley v. Davis

Hardin, J.:

Joshua Wadley, one of the plaintiffs, made an affidavit which was used upon the motion, in which after stating the recovery of a judgment by him, and his co-plaintiff, Joshua L. Wadley, in August, 1873, he says: ‘■'■That said judgment is wholly unsatisfied and •mypaid and is valid and subsisting.”

First. Appellants contend that the affidavit is insufficient, because not made by both plaintiffs; and, secondly, because no facts are stated from which it can be seen that the affiant knew that the judgment- had not been paid to his co-plaintiff.

Section 1381 of the Code of Civil Procedure…