Munn v. Merry

The opinion of the court was delivered by

Hornblower, C. J.

The only question in this case is, whether the affidavit required by the sixth section of the act of 28d November, 1821, may be made before any other justice than the one before whom the cause was tried ?

The act says, “The party demanding the appeal, shall at the time of filing the appeal bond with the justice, also file with him an affidavit made by the said party, stating that the said appeal is not intended for the purpose of delay, &c.

In this case, the cause was tried before Justice Ball, and the affidavit was made before Justice…