Legal Opinion

The Harriet

District Court, S.D. New York

Decided November 15, 1845Published

Iu admiralty.

1Opinion of the Court

BETTS, District Judge.

A motion has been made in this case, that the libellant be required to file additional security for costs. It was opposed, upon the ground that the affidavit upon which the motion is based is made by the proctor in the cause, and not by the claimant whom he represents. The courts of law, as a general rule, require affidavits to the merits of a cause, and in those instances, where the diligence and good faith of a party are in question, to be made by the party himself. Still the rule in those cases is not inflexible, for the deposition of an attorney or other person, may…

2Cases cited3 opinions

  1. Chase v. Edwards & BullNew York Supreme Court · 1829
  2. Geib v. IcardNew York Supreme Court · 1814
  3. Roosevelt v. DaleNew York Supreme Court · 1824

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