Wilkes v. Hotchkiss

New York Supreme Court

Wilkes v. Hotchkiss

5 Johns. 360

CourtNew York Supreme Court

DecidedFebruary 15, 1810

StatusPublished

Cited by2 cases

This text of 5 Johns. 360 (Wilkes v. Hotchkiss) 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

Wilkes v. Hotchkiss, 5 Johns. 360 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

In the ordinary affidavit of merits, it is requisite that the party should state, as to his being advised by counsel; but here the whole merits are disclosed by the affidavit, and the court, on the face of it, can judge whether the defendant has a defence on the merits or not. We grant the motion on payment of costs, and with liberty to the plaintiff to change the venue to any county he may think proper.

Rule granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

In the ordinary affidavit of merits, it is requisite that the party should state, as to his being advised by counsel; but here the whole merits are disclosed by the affidavit, and the court, on the face of it, can judge whether the defendant has a defence on the merits or not. We grant the motion on payment of costs, and with liberty to the plaintiff to change the venue to any county he may think proper.

Rule granted.

Cite This Page — Counsel Stack

Bluebook (online)

5 Johns. 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkes-v-hotchkiss-nysupct-1810.

Opinion

Related

Cite This Page — Counsel Stack