Bacon v. Magee
New York Supreme Court
A motion having been made at the last August term, in behalf of the defendant, for a perpetual stay of proceedings in this cause, the court suspended their decision till the present term, on proof that the affidavit of one Wilson, of the county of Allegany, would probably be material in resisting the motion; and that there had not been time to procure it intermediate the notice of the motion and the time when it was made. , On now renewing the motion, it appeared by a letter…
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A motion having been made at the last August term, in behalf of the defendant, for a perpetual stay of proceedings in this cause, the court suspended their decision till the present term, on proof that the affidavit of one Wilson, of the county of Allegany, would probably be material in resisting the motion; and that there had not been time to procure it intermediate the notice of the motion and the time when it was made. , On now renewing the motion, it appeared by a letter received at a late day in the present term, from the plaintiff’s agent in Allegany, to whom two letters had been…
1Opinion of the Court
Curia.
We are not aware of any precedent for such a rule, though there must have been frequent occasion for it. The uniform course, in relation to those summary applications, has been to trust to voluntary affidavits; and the want of a power to coerce them has often been urged *in argument, without contradiction, as a defect in this kind of proceeding. We do not think that we have power to make the rule applied for.(a)
Motion for perpetual stay, &c., granted.
The only means, therefore, under the present practice, to coerce evi-
*516deuce on a non-enoneratecl matter, would seem to be, to apply to the…
2Cited by5 opinions
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