Jackson ex dem. Metcalfe v. Woodworth

1 Cole. & Cai. Cas. 480 Court N.Y. Sup. Ct. English

Contents

Majority

p. 480

Jackson, ex dem. Metcalfe, v. Woodworth.

Headnote

THE affidavit for judgment, as in case of nonsuit in this cause, was made by the clerk of the attorney for the defendant, and though it stated a notice for trial, it did not allege that the suit was not tried.

p. 481

Weston for the "plaintiff,

reliécl' On the above circumstances as conclusive against the application.

For the reasons assigned, you can take nothing by your motion.