Dutcher v. Wilgus
New York Supreme Court
Motion by plaintiff for reference. It was objected by defendant’s counsel, that the plaintiff’s . affidavit was insufficient, for the reason that it did not state sufficiently that issue was joined.
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Motion by plaintiff for reference. It was objected by defendant’s counsel, that the plaintiff’s . affidavit was insufficient, for the reason that it did not state sufficiently that issue was joined. The affidavit of plaintiff read as follows: “ being duly sworn, says, that he is the plaintiff in the above entitled cause; that the declaration in said cause is in assumpsit upon a promissory note given by the defendant to the plaintiff, and upon an account for work and labor performed by the plaintiff for the defendant, and for goods, wares and merchandise sold by the plaintiff to the defendant.…
1Opinion of the Court
Jewett, Justice.
Denied the motion with costs, on the ground that it did not appear sufficiently, from the affidavit, that issue was joined in law, which was requisite, as well as in fact.
2Cited by2 opinions
- Goodyear v. BrooksThe Superior Court of New York City · 1866
- Goodyear v. BrooksThe Superior Court of New York City · 1866