Legal Opinion

Meech v. Calkins

Court for the Trial of Impeachments and Correction of Errors

Decided June 15, 1842Published

D. Burwell, for the defendants, moved for a commission to examine witnesses residing out of the state, with a stay of proceedings until its return. The action was debt on bond, and the affidavit on which the motion was founded stated that the defendants had “ a good and substantial defence to the bond,” See.

1Opinion of the Court

By the Court,

Nelson, Ch. J.

The defendants may take a rule for a commission ; but they are not entitled to a stay of proceedings, the affidavit being clearly defective.

Ordered accordingly.(a)

See Warner v. Harvey, (9 Wend. 444;) Seymour's executors v. Strong, (19 id. 98;) also ante, p. 64, 5, note, and the cases there cited relating to the form of an affidavit of merits.

2Cases cited1 opinion

Warner v. HarveyNew York Supreme Court · 1832