Card v. Fitzroy

1 Cole. & Cai. Cas. 69 Court N.Y. Sup. Ct. English

Contents

Majority

p. 69

Card ads. Fitzroy and others.

Headnote

MORTON moved for judgment as in cases of non-suit, for not proceeding to trial, on the usual affidavit; but no copy had been served on the opposite party.

It is a rule of practice without exception, that whenever a special motion is to be made founded on affidavit, a copy of such affidavit must be regularly served on the opposite party.

The defendant takes nothing by his motion.