Welsh v. Hill
New York Supreme Court
The defendant obtained a'n order from a judge, at his chambers, for the plaintiff to show cause why the defendant should not be discharged on filing common bail. — - The plaintiff resided at Havanna.
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The defendant obtained a'n order from a judge, at his chambers, for the plaintiff to show cause why the defendant should not be discharged on filing common bail. — - The plaintiff resided at Havanna. The authority of the attorney to commence the suit was shown ; the letters of J ■ . the plaintiff, stating the nature of his demand against the defendant, were produced, and also an affidavit of a correspondent here of the consignee of the plaintiff, stat-that in a conversation with the defendant relative to ° the subject matter in dispute, the defendant said he would remit the money or property…
1Per curiam
The affidavit of Post, the correspondent of the house in England, is not positive. He does not swear that he believes any thing due to the plaintiff.—
These affidavits are insufficient, and the defendant must be discharged on filing common bail. As to receiving counter affidavits in such cases, the practice was settled in the case of Clason v. Lyde, in April term, 1801, where the court decided, that a judge at his chambers might, in his discretion, admit or refuse counter affidavits, according to circumstances. Where the plaintiff swears positively to a debt, it would be improper to receive…
2Cited by3 opinions
- Geller v. SeixasNew York Court of Common Pleas · 1857
- Swift v. WylieThe Superior Court of New York City · 1867
- Union Bank v. MottNew York Supreme Court · 1858