Card v. Fitzroy

1 Cole. Cas. 63 Court N.Y. Sup. Ct. English

Contents

Majority

p. 63

Card ads. Fitzroy and others.

Headnote

EjeBment. ¾ 7TOTION for judgment as incales ■IVX of nonluit, for not proceeding to trial, on the ufual affidavit; but no copy had been ferved on the oppofite party.

It is a Rule of praQice without exception, that whenever a fpecial motion is to be made founded on affidavit, a copy of fuch affidavit mull

p. 64

be regularly ferved on the oppofitc party.

The defendant takes nothing by his motion»