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Legal Opinion

Jackson ex dem. Kenyon v. Virgil

New York Supreme Court

Decided November 15, 1808PublishedCited by 18 opinions

HOPKINS moved for an attachment against the defendant, for the non-payment of costs. The affidavit, on which the motion was founded, was not signed with the name of the party, but it was in the usual form, and had the jurat of a proper magistrate.

1Per curiam

As the affidavit begins with the name of the party making it, and appears to have been duly sworn to before a proper magistrate, we think it sufficient. (3 Caines, 190. Haff v. Spicer and Potter.)

Rule granted.

2Cited by18 opinions

  1. In re BellahDistrict Court, D. Delaware · 1902
  2. People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
  3. Metcalf v. PrescottMontana Supreme Court · 1891
  4. Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
  5. Millius v. ShaferNew York Supreme Court · 1846

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