White v. Hess

New York Court of Chancery

White v. Hess

8 Paige Ch. 544, 1840 N.Y. LEXIS 462, 1840 N.Y. Misc. LEXIS 71

DecidedNovember 17, 1840

StatusPublished

This text of 8 Paige Ch. 544 (White v. Hess) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Hess, 8 Paige Ch. 544, 1840 N.Y. LEXIS 462, 1840 N.Y. Misc. LEXIS 71 (N.Y. 1840).

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Opinion

The Chancellor

decided that the affidavit was properly entitled to render the deponent liable for perjury if the affidavit was false. That where there was but one suit pending, in which White was the complainant and Hess and others were defendants, it was sufficient to entitle the affidavit in this manner; without setting forth the names of all the other defendants at length. And that where the defendants were numerous, if the solicitor unnecessarily stated all their names at large, in entitling the cause, he would not he authorized upon taxation to an allowance for the extra folios thereby made in the affidavit.

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The Chancellor

decided that the affidavit was properly entitled to render the deponent liable for perjury if the affidavit was false. That where there was but one suit pending, in which White was the complainant and Hess and others were defendants, it was sufficient to entitle the affidavit in this manner; without setting forth the names of all the other defendants at length. And that where the defendants were numerous, if the solicitor unnecessarily stated all their names at large, in entitling the cause, he would not he authorized upon taxation to an allowance for the extra folios thereby made in the affidavit.

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Bluebook (online)

8 Paige Ch. 544, 1840 N.Y. LEXIS 462, 1840 N.Y. Misc. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-hess-nychanct-1840.