Legal Opinion

Briggs v. Briggs

New York Supreme Court

Decided May 15, 1808PublishedCited by 3 opinions

moved to set aside the default, on an affidavit of the attorney for the defendant, that “ he was informed and verily believed the defendant had a good and substantial defence upon the merits.”

1Per curiam

The affidavit is not sufficient. It does not state that the attorney derived his information from the defendant or from his counsel, nor from whom it was obtained. The rule must be denied.

Rule refused-.

2Cited by3 opinions

  1. Clow v. WoodsSupreme Court of Pennsylvania · 1819
  2. Hauswirth v. SullivanMontana Supreme Court · 1886
  3. Sneaghan v. BriggsIndiana Superior Court · 1871