Case v. Belknap
New York Supreme Court
Assumpsit. Grim moved for judgment as in case of non-suit on an affidavit that this cause was noticed for trial, by The the plaintiff for the last Orange circuit, but not tried, not gtate where the venue was laid; and Ross objected this as a defect, and cited 3 Caines, 128, 3 John. 446. But
1Per curiam
The noticing of the cause for trial in Or-laid there. In the cases cited, it does not appear that they ange, is, at least, prima facie evidence, that the venue was had been noticed for trial.
Ross then read an affidavit to show that the defendant wag insolvent; but not that he had been discharged under the insolvent act; and cited 1 John. 141, 143.
*423 Curia.
Had the defendant been discharged under the insolvent act, after suit brought, we should allow you to discontinue without costs. But we cannot try the fact of insolvency on this motion by mere affidavit. Besides, you do not seek to discontinue.
2Cited by1 opinion
- Ludington v. BellThe Superior Court of New York City · 1879