Vary v. Godfrey

New York Supreme Court

Vary v. Godfrey

6 Cow. 587

CourtNew York Supreme Court

DecidedFebruary 15, 1827

StatusPublished

Cited by5 cases

This text of 6 Cow. 587 (Vary v. Godfrey) 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

Vary v. Godfrey, 6 Cow. 587 (N.Y. Super. Ct. 1827).

Pincite

Opinion

Curia.

This affidavit does not come within the rule laid down in Taylor v. Hatch, (12 John. Rep. 340.) That applies only to affidavits made before an attorney in a suit pending; not to those preparatory to the commencement of one. The affidavit is not entitled; and the attorney may or may not be retained at the time when the affidavit is made. The rule is thus qualified by the English cases. (Haward v. Nalder, Barnes, 60.) The motion must be denied.

Motion denied.

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Curia.

This affidavit does not come within the rule laid down in Taylor v. Hatch, (12 John. Rep. 340.) That applies only to affidavits made before an attorney in a suit pending; not to those preparatory to the commencement of one. The affidavit is not entitled; and the attorney may or may not be retained at the time when the affidavit is made. The rule is thus qualified by the English cases. (Haward v. Nalder, Barnes, 60.) The motion must be denied.

Motion denied.

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Bluebook (online)

6 Cow. 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vary-v-godfrey-nysupct-1827.

Opinion

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