In re Mauer
District Court, D. Nevada
In this matter the debtor [Henry Mauer] verified his petition and schedules before his. attorney who was a notary public. The register deeming such verification irregular, certified the question for decision.^
1Opinion of the Court
HILLXER, District Judge.
The rule that affidavits taken before the attorney in a cause cannot be read is an old rule of practice in the courts of king’s bench and exchequer in England. It is a technical rule and is limited in actions at law to the attorney on the record, and in equity cases to the solicitor. People v. Spalding, 2 Paige, 326. It does not apply to an affidavit taken before counsel in the suit (Willard v. Judd, 15 Johns. 531), nor to a solicitor who was not named on the record though a partner of the solicitors of record (Hallenback v. Whitaker, 17 Johns. 2). The rule ought not…
2Cases cited5 opinions
- People v. SpaldingNew York Court of Chancery · 1831
- M'Laren v. CharrierNew York Court of Chancery · 1836
- Vary v. GodfreyNew York Supreme Court · 1827
- Hallenback v. WhitakerNew York Supreme Court · 1819
- Willard v. JuddNew York Supreme Court · 1818