Clement v. Ferenback

McAdajx, J.-

The defendant Ferenback moves to set aside the judgment entered herein by default August 28, 1877, for irregularity, in this : that the affidavit of service is without a venue—i. e., the words “ city and county of New York, ss.f are omitted from the caption. Affidavits should, by the settled practice, contain a venue, and it is said to be an essential part of an affidavit, because it is prima facie evidence of the place where it was taken, and upon its face shows the important fact whether the officer before whom the affidavit was taken performed his official act within the…