Legal Opinion

Ames v. Merriman

New York Supreme Court

Decided April 15, 1833PublishedCited by 2 opinions

1Opinion of the Court

In this case, it was objected to a motion for judgment as in case of nonsuit, that the affidavit on which the motion was founded, being made by the defendant, and not by the attorney in the cause, the motion ought not to be granted. But the objection was overruled by the Chief Justice, who said that although it had been decided that the affidavit of the clerk of the attorney would not be received, no objection was perceived to permitting the party himself to make the affidavit.

2Cited by2 opinions

  1. Brague v. LordNew York Court of Appeals · 1876
  2. Bird v. MooreNew York Supreme Court · 1842