Oliver v. Parish
This text of 18 F. Cas. 673 (Oliver v. Parish) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
If where the affidavit is positive, as in this case, the defendant, by a suggestion of circumstances to invalidate it, may examine the plaintiff upon interrogatories, there is an end of discretion, and the inquiry must be gone into, in every instance. The meaning of the rule is, that if, from the face of the affidavit itself, further satisfaction be deemed necessary, the court is not precluded from obtaining it, by examining the person who made the affidavit, merely because the debt is positively sworn to. This may be particularly proper, where the affidavit is made by some other person than the plaintiff himself. Rule discharged.
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Cite This Page — Counsel Stack
18 F. Cas. 673, 2 Wash. C. C. 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-parish-circtdpa-1810.