Mesick v. Smith
2 How. Pr. 7
This text of 2 How. Pr. 7 (Mesick v. Smith) 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
Mesick v. Smith, 2 How. Pr. 7 (N.Y. Super. Ct. 1845).
Opinion
The plaintiff’s counsel insisted that the affidavit should have been made by the party and not the attorney, unless a sufficient excuse was given why the party did not make it.
Sustained the objection, and decided that the affidavit was not sufficient: for that reason it did not come within the rule. Motion denied with costs, without prejudice.
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Bluebook (online)
2 How. Pr. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mesick-v-smith-nysupct-1845.