Rapp ex rel. Seybert v. Elliot

1 Yeates 185

Opinion

Sed per Cur.

You are now too late; the affidavits should have been filed when you pleaded the dilatory plea. This we take to be the spirit and true intent of the rule, and apprehend to be the practice in England under the stat. 4 and 5 Ann. c. 16, § 11, from which the rule is taken. Vide 3 Burr. 1617. 1 Barnes 257.

Rule made absolute, to set aside the plea, for want of an affidavit.