State Bank v. Gill
New York Supreme Court
Appeal from an order of the Herkimer Special Term, denying a motion to change the place of trial. The defendant, Andrew Gill, stated in his affidavit, among other things, “ that he has fully and fairly stated the case herein, and all the facts and circumstances relating thereto, to his counsel, Robert Sewell, Esq., who resides at No. 68 West Forty-fifth street, in the city of New York, and has disclosed all the facts which he expects to prove by each of the witnesses…
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Appeal from an order of the Herkimer Special Term, denying a motion to change the place of trial. The defendant, Andrew Gill, stated in his affidavit, among other things, “ that he has fully and fairly stated the case herein, and all the facts and circumstances relating thereto, to his counsel, Robert Sewell, Esq., who resides at No. 68 West Forty-fifth street, in the city of New York, and has disclosed all the facts which he expects to prove by each of the witnesses hereinafter named, and that he and the defendant, Adelaide C. Gill, and each of them, have a good and valid defense to the…
1Opinion of the Court
Smith, J.:
There is no sufficient affidavit of merits in this case. The affidavit of the defendant, Andrew W. Gill, alleges that each of the *407defendants “ bas a good and valid defense to tbe whole of the plaintiff’s claimjas set forth in said complaint upon the merits thereof,” etc. The affidavit made by Mr. Sewell, purporting to be in behalf of the defendant, Mrs. Gill, she being absent from the State, alleges that she has a “ valid defense upon the merits to the whole of plaintiff’s claim herein,” etc. Neither of these is a compliance with what the rule and practice require, to wit: that the…
2Cases cited2 opinions
- Mason v. MooreNew York Supreme Court · 1846
- Howe v. HasbrouckNew York Supreme Court · 1844