Isman v. Wayburn

Motion is made for an order advancing this cause to the special calendar for trial. The only objection is that the affidavit upon which the motion is based purports to be sworn to before a notary public of the county of Philadelphia, in the State of Pennsylvania. Turtle v. Turtle, 31 App. Div. 49, is cited. It was there held that the words “ the State,” as used in section 844 of the Code of Civil Procedure in relation to an affidavit taken without the State, refer in each instance to the State of New York. An affidavit, therefore, taken outside of the State of New York before a notary public…