Legal Opinion
Warner v. Harvey
New York Supreme Court
Decided October 15, 1832PublishedCited by 2 opinions
On a motion for a commisssion to examine witnesses, it was objected that the defendant did not swear to a good and substantial defence, to which it was answered that the party did not ask for a stay of proceedings, and, that in such case, he need not swear to a defence.
1Opinion of the Court
By the Court.
An affidavit of merits on an application of this kind is not necessary, unless the party asks for a stay of proceedings until the return of the commission.
2Cited by2 opinions
- Franklin v. United InsuranceNew York Supreme Court · 1800
- Meech v. CalkinsCourt for the Trial of Impeachments and Correction of Errors · 1842