Geib v. Icard
This text of 11 Johns. 82 (Geib v. Icard) 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.
Opinion
The affidavit of a defence on the merits cannot be made before the plaintiff has declared; and the reason assigned in this case for making it is insufficient, as, in the absence of the defendant, it may be made by his attorney or counsel. (Phillips v. Blagge, 3 Johns. Rep. 141.) It appears also that the defendant’s attorney was apprised, by the plaintiff’s attorney, that he considered the affidavit as insufficient on this account. The motion is denied-.
Motion denied.
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Cite This Page — Counsel Stack
11 Johns. 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geib-v-icard-nysupct-1814.