McBride v. Cicotte

By the Court;

Johnson, J.

The first question in this casé is, whether the Court erred in admitting John I. Cicotte to testify under the affidavit of the defendant in error.

This wás an affidavit filed in pursuance of Section 100, in Chapter 102, of the Revised Statutes, which provides that, “ whenever any action, suit, or procéeding, shall be pending' in any Court of law, and either party shall make and file with the Clerk of such Court, or with the Clerk of the Court in which any issue joined therein shall be triable, an affidavit, setting forth that any facts material to the issue or question…