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Jackson ex dem' Fisher v. Ferguson

3 Cai. 127 Court N.Y. Sup. Ct. English

Contents

Majority

p. 127
Jackson ex dem’ Fisher against Ferguson.

Headnote

The court will not indulge to the next non.enumerated day to prepare affidavits in opposition, unless the party asking the indulgence, can allege some reason, why he was not prepared.
ON a motion for judgment, as in case of nonsuit, after due service, and when the attorney was in court, the counsel for the plaintiff asked till the next nomenumerated day, to pre-rue an affidavit in opposition.

To entitle to such a favour, some reason should be offered, evincing why the affidavit could not be prepared; because the period of service ordered by the rules of the court, is otherwise presumed sufficient to enable the party to be ready. The effect of the motion cannot, therefore, be delayed.