Roosevelt v. Dale
New York Supreme Court
This cause being noticed for trial and inquest on the 15th March last, (for the New York circuit,) the attorney for the defendant, before the inquest was taken, made and filed with the Circuit Clerk an affidavit, stating that neither of the defendants were then in the city of New York, as he was informed on inquiry, and verily believed to be true; and that, as he had been informed by them, and verily believed, they had. a good and substantial defence on the merits.
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This cause being noticed for trial and inquest on the 15th March last, (for the New York circuit,) the attorney for the defendant, before the inquest was taken, made and filed with the Circuit Clerk an affidavit, stating that neither of the defendants were then in the city of New York, as he was informed on inquiry, and verily believed to be true; and that, as he had been informed by them, and verily believed, they had. a good and substantial defence on the merits. The notice of trial and inquest, was served the 3d day of March x * =• J last. The affidavit was entitled—“ Supreme Court,…
1Opinion of the Court
Curia.
The objection to the affidavits for the motion, is not well taken. The title, “ Harriet Fulton, (now Harriet Dale,” &c.,) is substantially true. It is correct unless the addition of “ now Harriet Dale? vitiates it. This purports to be, and is in fact, mere matter of description, and it may, with the other title of a cause which does not exist, be rejected as surplusage.
But the affidavit to prevent the inquest, was defective for two reasons. One is, that it contains no sufficient excuse for being made by the attorney, and not by Dale, or his wife. The affidavit of merits by an attorney,…
2Cases cited1 opinion
- Geib v. IcardNew York Supreme Court · 1814
3Cited by4 opinions
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Johnson v. LynchThe Superior Court of New York City · 1857
- Parkman v. ShermanNew York Supreme Court · 1803
- The HarrietDistrict Court, S.D. New York · 1845