Standard v. Williams

10 Wend. 599

Opinion

By the Court,

Nelson, J.

The affidavit of the plaintiff, alleging the suit to be settled, is a perfect answer to the motion* and it therefore must be denied. If the affidavit be untrue, or if the transaction upon which the allegation of the plaintiff be founded can be explained, so as to show that no settlement did in fact take place, the defendant may apply to the court upon a notice to vacate the rule denying his motion, but the motion now made cannot be continued over to another term.