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Jackson ex dem. Fisher v. Ferguson

1 Cole. & Cai. Cas. 467 Court N.Y. Sup. Ct. English

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Majority

p. 467
Jackson, ex dem. Fisher, v. Ferguson.

Headnote

GN 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 non-enumerated day, to prepare 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.