Clark v. Lawrence
New York Supreme Court
C. P. -Kirkland,- for the defendant, moved to quash a certiorari, to Justice’s Court, because it was founded on the affidavit of the attorney, and not of the party in the Court below.
1Opinion of the Court
Lynch, contra, read an affidavit showing that the party was a widow, and did not conduct the suit in person, but left it to the attorney who made the affidavit. This last affidavit was made, to oppose the present motion, more than thirty days after judgment in the Court below. He referred to Dickson v. Seelye, (6 John. Rep. 327,) as decisive, to show that the affidavit containing the excuse, for not having the affidavit of the party, may be made after the thirty days.
Kirkland, said, in that case the affidavit was laid before the Commissioner, who allowed the writ. This is necessary, as the…
2Cases cited1 opinion
- Dickson v. SeelyeNew York Supreme Court · 1810
3Cited by4 opinions
- People ex rel. Iroquois Gas Corp. v. BenningNew York Supreme Court · 1933
- Bogert v. HildrethNew York Supreme Court · 1803
- People ex rel. Kilmer v. CheritreeNew York Supreme Court · 1874
- People ex rel. Kilmer v. McDonaldNew York Supreme Court · 1874