Brownell v. Marsh

New York Supreme Court

Brownell v. Marsh

22 Wend. 636

CourtNew York Supreme Court

DecidedSeptember 15, 1840

StatusPublished

Cited by4 cases

This text of 22 Wend. 636 (Brownell v. Marsh) 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

Brownell v. Marsh, 22 Wend. 636 (N.Y. Super. Ct. 1840).

Pincite

Opinion

By the Court,

Bronson, J.

An affidavit that the party has fully and fairly stated this case, or his case, to counsel, [637]*637fairly implies that he has stated the whole casé, and is a sufficient compliance, in that particular, with the 61st rule. But an affidavit that he has stated his defence to counsel, only implies that he has stated one side of the case,4 and is therefore insufficient.

Orders accordingly.

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By the Court,

Bronson, J.

An affidavit that the party has fully and fairly stated this case, or his case, to counsel, [637]*637fairly implies that he has stated the whole casé, and is a sufficient compliance, in that particular, with the 61st rule. But an affidavit that he has stated his defence to counsel, only implies that he has stated one side of the case,4 and is therefore insufficient.

Orders accordingly.

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Bluebook (online)

22 Wend. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brownell-v-marsh-nysupct-1840.

Opinion

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