Roosevelt v. Kemper — 2 Cai. 30

Majority

p. 29

Roosevelt against Kemper.

Headnote

Affidavit of merits sufficient to set aside an inquest taken at the circuit, and with costs.

The plaintiff had in this cause taken an inquest at the fast circuit, the judge laying it down as a general rulé, that any party might take an inquest, but at his peril.

p. 30

Harison moved to set aside the inquest ou a simple affidavit pf merits.

"Whenever an inquest is taken, it is at the risk of the plaintiff; and on such an affidavit as the present must be. set aside with costs.^[1]

N. B. The court seemed to intimate that counter depositions of a want of merits could not be received, as it would be trying a cause on affidavits.

[1] [1] But for the present practice, see I2tk General Rule ol S. Court.