Jordan v. Jordan

New York Supreme Court

Jordan v. Jordan

6 Wend. 524

CourtNew York Supreme Court

DecidedMarch 3, 1831

StatusPublished

Cited by5 cases

This text of 6 Wend. 524 (Jordan v. Jordan) 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

Jordan v. Jordan, 6 Wend. 524 (N.Y. Super. Ct. 1831).

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Opinion

[525]*525By the Court,

Savage, Ch. J.

In Welch v. Hill, 2 Johns. R. 100, the court say, that it is in the discretion of a judge at chambers to admit or refuse counter affidavits in a case like this, according to circumstances; adding that where the plaintiff swears positively to a debt, it would be improper to receive them. It is undoubtedly true that a positive affidavit of indebtedness cannot be contradicted, but it may be confessed and avoided. That was done in this case. The motion must be denied, but without costs.

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[525]*525By the Court,

Savage, Ch. J.

In Welch v. Hill, 2 Johns. R. 100, the court say, that it is in the discretion of a judge at chambers to admit or refuse counter affidavits in a case like this, according to circumstances; adding that where the plaintiff swears positively to a debt, it would be improper to receive them. It is undoubtedly true that a positive affidavit of indebtedness cannot be contradicted, but it may be confessed and avoided. That was done in this case. The motion must be denied, but without costs.

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Bluebook (online)

6 Wend. 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-jordan-nysupct-1831.

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