Bogardus v. Doty

New York Supreme Court

Bogardus v. Doty

2 How. Pr. 75

DecidedFebruary 15, 1846

StatusPublished

This text of 2 How. Pr. 75 (Bogardus v. Doty) 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

Bogardus v. Doty, 2 How. Pr. 75 (N.Y. Super. Ct. 1846).

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Opinion

Bronson, Chief Justice.

Denied the motion with costs, without prejudice.

Defendant’s counsel insisted he should be let in to defend the judgment. It was objected that defendant had no affidavit of merits for the motion.

Defendant’s counsel insisted that the special statement, that the judgment was paid and the receipts produced, was a sufficient affidavit of merits.

Chief Justice held: That there must be a regular affidavit of merits for the motion.

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Bronson, Chief Justice.

Denied the motion with costs, without prejudice.

Defendant’s counsel insisted he should be let in to defend the judgment. It was objected that defendant had no affidavit of merits for the motion.

Defendant’s counsel insisted that the special statement, that the judgment was paid and the receipts produced, was a sufficient affidavit of merits.

Chief Justice held: That there must be a regular affidavit of merits for the motion.

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Bluebook (online)

2 How. Pr. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogardus-v-doty-nysupct-1846.