Wood v. Crowner

4 Hill & Den. 548

Opinion

By the Court,

Cowen, J.

The affidavit should have been made by the plaintiff, or a sufficient excuse given for the omission. The motion must be denied.

Ordered accordingly,

Footnotes

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(a)

As to affidavits on which to move for or oppose a change of venue, see the note to Brittan v. Peabody, (ante, p. 64, pl. 4; p. 69, pl. 9.) And see Bird and others v. Moore and others, (3 Hill, 447,) as to affidavits on which to move for judgment as in case of non-suit.