Legal Opinion

Hallenback v. Whitaker

New York Supreme Court

Decided August 15, 1819PublishedCited by 3 opinions

moved for judgment as in case of nonsuit, for not proceeding to trial, &c. objected that the affidavit, on which the motion was founded, was taken before an attorney of the court, as commissioner, who was a partner of the defendant’s attorney, in the practice of the law as attorneys. He cited Taylor v. Hatch, (12 Johns. Hep, 340.)

1Per curiam

The commissioner, Mr. Matthews, before whom the affidavit was taken, does not appear as the attorney in this cause, as his name is not on the record. Though he may be a partner with the defendant’s attorney, in the profits of his business, as he is not the attorney on record, in this cause, we think the case does not come within that of Taylor v. Hatch. The objection cannot, therefore, be allowed.

2Cited by3 opinions

  1. In re KindtDistrict Court, S.D. Iowa · 1900
  2. Adams v. MillsNew York Supreme Court · 1848
  3. In re MauerDistrict Court, D. Nevada · 1878