Chase v. Edwards & Bull

2 Wend. 283

Opinion

. By the Court, Marcy, J.

The jurat may be an essential part of the papers served, as without it, facts stated may be unintelligible. The books of practice say that the officer’s name, but not the date, may be omitted. When essential, the jurat must be given. The other objection, however, is fatal: the attorney, and not the clerk in the attorney’s office, should make the affidavit, unless a sufficient excuse is offered for the omission. The motion is denied, with costs.