Chase v. Edwards & Bull
New York Supreme Court
Motion for judgment as in case of nonsuit. The affidavit of the state of the cause was made by a clerk of the attorney for the defendant, and the copy affidavit served on the plaintiff’s attorney contained no jurat, for which causes the motion was opposed.
1Opinion of the Court
. By the Court, Marcy, J.
The jurat may be an essential part of the papers served, as without it, facts stated may be unintelligible. The books of practice say that the officer’s name, but not the date, may be omitted. When essential, the jurat must be given. The other objection, however, is fatal: the attorney, and not the clerk in the attorney’s office, should make the affidavit, unless a sufficient excuse is offered for the omission. The motion is denied, with costs.
2Cited by7 opinions
- Veal v. PerkersonSupreme Court of Georgia · 1872
- Eyre v. StubbertNew York Supreme Court · 1911
- Graham v. McCounNew York Supreme Court · 1851
- Bird v. MooreNew York Supreme Court · 1842
- Nelson v. BellDistrict Court, S.D. New York · 1851
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