Dickson v. Seelye
New York Supreme Court
APPLICATION was made to a judge, to allow a ° u certiorari, in this cause, on an affidavit, made by the at- ... , „ tomey of the plaintiff, within the 30 days allowed by the statute, which was refused by the judge, because the affidavit was made by the attorney, and no reason assigned, why it was not made by the party himself.
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APPLICATION was made to a judge, to allow a ° u certiorari, in this cause, on an affidavit, made by the at- ... , „ tomey of the plaintiff, within the 30 days allowed by the statute, which was refused by the judge, because the affidavit was made by the attorney, and no reason assigned, why it was not made by the party himself. The attorney, then, but after the expiration of the 30 days, J e s made a further affidavit, stating the reason why the first _ , , ... affidavit was not made by the party, to wit, that the plaintiff, at the time of the trial, was and still is absent from the state, so…
1Opinion of the Court
Kent, Ch. J.
Wherever there has appeared to be a necessity, or a just cause for the affidavit being made by the attorney of the party, I have received it, and allowed the certiorari.
Spencer, J.
I have done the same. It appeared to me to be necessary to construe the statute liberally, in this respect, otherwise, great and manifest injustice would be done, in many cases.
2Per curiam
The motion must be denied. Though every thing relating to the merits, or to the errors in the court below, must b,e contained in the affidavit which the *328statute requires to be made within thirty days after tke ju¿gment. yet a…
3Cited by2 opinions
- Blunt v. GreenwoodNew York Supreme Court · 1823
- Clark v. LawrenceNew York Supreme Court · 1823