Ames v. Merriman

New York Supreme Court

Ames v. Merriman

9 Wend. 498

CourtNew York Supreme Court

DecidedApril 15, 1833

StatusPublished

Cited by2 cases

This text of 9 Wend. 498 (Ames v. Merriman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ames v. Merriman, 9 Wend. 498 (N.Y. Super. Ct. 1833).

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Opinion

In this case, it was objected to a motion for judgment as in case of nonsuit, that the affidavit on which the motion was founded, being made by the defendant, and not by the attorney in the cause, the motion ought not to be granted. But the objection was overruled by the Chief Justice, who said that although it had been decided that the affidavit of the clerk of the attorney would not be received, no objection was perceived to permitting the party himself to make the affidavit.

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In this case, it was objected to a motion for judgment as in case of nonsuit, that the affidavit on which the motion was founded, being made by the defendant, and not by the attorney in the cause, the motion ought not to be granted. But the objection was overruled by the Chief Justice, who said that although it had been decided that the affidavit of the clerk of the attorney would not be received, no objection was perceived to permitting the party himself to make the affidavit.

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Bluebook (online)

9 Wend. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-merriman-nysupct-1833.

Opinion

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