Johnson v. Lynch

Bacon, Justice.

This cause was on the calendar of the last Oneida circuit upon a regular notice of trial and inquest, on the part of the plaintiff. On the morning of the second-day of the circuit, the plaintiff moved the cause, and proposed to take an inquest, to which the defendant’s counsel objected, on the ground that an affidavit of merits had been duly filed and served the day preceding upon the plaintiff's attorneys. *200The plaintiff’s counsel insisted that the affidavit was entirely insufficient, and submitted it to the inspection of the presiding justice, who on examination, deemed it…