Boyce v. Thompson
New York Supreme Court
NOTICE of the rule to plead, m this and five other . , . . causes, in which the names of the parties were different, directed to each of the defendants respectively, and an aflidavit of the service entitled in all the causes, was filed, and ... , a default thereupon entered m each cause, by the clerk. A question arose, which was submitted to the Court, whether the clerk was entitled to charge fees for six affidavits, or for one only r
1Per curiam
The clerk is entitled to charge for reading and filing an affidavit in each cause. The parties here are different. In Jackson, ex dem. Burnett, v. Keller, all the causes were at the suit of the same lessor of the plaintiff. Besides, the clerk, in this case, must enter a default, founded on an affidavit, in each cause.
2Cited by1 opinion
- Jackson ex dem. Pioneer v. GarnseyNew York Supreme Court · 1824