Sherwood v. Steele

New York Supreme Court

Sherwood v. Steele

12 Wend. 294

CourtNew York Supreme Court

DecidedMarch 19, 1835

StatusPublished

Cited by1 cases

This text of 12 Wend. 294 (Sherwood v. Steele) 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

Sherwood v. Steele, 12 Wend. 294 (N.Y. Super. Ct. 1835).

Pincite

Opinion

By the Court,

Sutherland, J.

The court cannot receive a qualified affidavit. The plaintiff here swears to the materiality of his witnesses, upon the belief of the defence intended to be set up: his belief may not be well founded. At all events, a plaintiff, desirous to retain his venue, must swear unqualifiedly that he has witnesses of an equal number with those of the , defendant, or a greater number, or, according to the settled practice of the court, the motion will be granted.

Motion granted.

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By the Court,

Sutherland, J.

The court cannot receive a qualified affidavit. The plaintiff here swears to the materiality of his witnesses, upon the belief of the defence intended to be set up: his belief may not be well founded. At all events, a plaintiff, desirous to retain his venue, must swear unqualifiedly that he has witnesses of an equal number with those of the , defendant, or a greater number, or, according to the settled practice of the court, the motion will be granted.

Motion granted.

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Bluebook (online)

12 Wend. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherwood-v-steele-nysupct-1835.

Opinion

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