Wilcox v. Howland

6 Cow. 576

Opinion

Curia.

The supplemental affidavit cannot be received. The excuse would have warranted a notice of the motion for a subsequent day in term, but not a short notice. Copies of all supplemental affidavits must be served the same length of time before the day for which the motion is noticed, as is necessary for the service of the copies of the principal affidavits. The defendant’s counsel may withdraw his papers and renew the motion at the next term.

Papers withdrawn.