Smith v. Collier

It is objected to this motion that the affidavit on-which it is made is a nullity because it has no venue, and the objection must be sustained. Thompson v. Burhans, 61 N. Y., 63, and cases cited. The counsel for plaintiff urges that the defect is amendable under section 723, Code Civ. Pro. It appears that the marine court of the city of New York, in Clement v. Ferenbeck, have held that an affidavit may be amended. I have not access to any report of that case further than the statement to the above effect in Bliss Code, vol. 1, 611, n.

In Dexter v. Hoover (2 Cow., 526), in an affidavit for a…