Wilkes v. Hotchkiss

5 Johns. 360

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.