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Low v. Hallett

3 Cai. 82 Court N.Y. Sup. Ct. English

Delivered by Thompson, J.

Contents

Majority

p. 82
Nicholas Low against Jacob W. Hallett.
NEW-YORK,
May, 1805.

Headnote

In opposinga motion for a reference, it is sufficient if the affidavit, state that the controversy will involve questions of law, as the party “is ad“vised by his "counsel and "verily be"lieves” without setting forth what those questions are.
EMOTT, on the common affidavit, that the trial of this cause would require the examination of long accounts, moved for a reference.
Hoffman, contra,
. read an affidavit by the plaintiff, simply stat-j that as he was advised by his counsel, and verily believed, ° J the controversy would necessarily involve questions of law.
Emott, inreply,
submitted to the court whether the affidavit ought not to have specified what those questions of law were-[1]

I believe the usual mode has been to state them.

Per curiam.

The addition of " as advised by counsel ” is sufficient. It is to be presumed that counsel would not advise, un

p. 83
less there was some foundation. Take nothing by your motion, and pay the costs of resisting.