Gernon v. Boecaline

U.S. Circuit Court for the District of Pennsylvania

Gernon v. Boecaline

10 F. Cas. 263, 2 Wash. C. C. 130

U.S. Circuit Court for the District of Pennsylvania·Decided October 15, 1807·Published·Cited by 2 cases

Opinion

BY

THE COURT.

The affidavit is clearly defective. The plaintiff should swear positively to a debt or to his belief that a certain balance of account was due. The plaintiff being in court, and making this affidavit the court awarded a new writ; it appearing upon the examination of the plaintiff, who was sworn at the instance of the defendant, that-the particular account on which this suit was brought though laid before the arbitrators, had not been acted upon in any manner.

[See Case No. 5,366.]

Free access — add to your briefcase to read the full text and ask questions with AI

BY

THE COURT.

The affidavit is clearly defective. The plaintiff should swear positively to a debt or to his belief that a certain balance of account was due. The plaintiff being in court, and making this affidavit the court awarded a new writ; it appearing upon the examination of the plaintiff, who was sworn at the instance of the defendant, that-the particular account on which this suit was brought though laid before the arbitrators, had not been acted upon in any manner.

[See Case No. 5,366.]

Gernon v. Boecaline, 10 F. Cas. 263, 2 Wash. C. C. 130 (circtdpa 1807).

Pincite

10 F. Cas. 263 (Gernon v. Boecaline) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related