Wood v. Crowner — 4 Hill & Den. 548

Majority

p. 548

Wood vs. Crowner.

Headnote

An affidavit on which to move for a reference, must, in general, be made by file party, and not the attorney.

Otherwise, if a sufficient excuse appear for dispensing with the affidavit of the party. Semble.

B. R. Wood, for the plaintiff,

moved for a reference on an affidavit sufficient in all respects except that it was sworn to by the attorney, and furnished no reason why it was not made by the party. Whereupon,

D. Burwdl, contra, objected that the affidavit was insufficient.

By the Court,

The affidavit should have been made by the plaintiff, or a sufficient excuse given for the omission. The motion must be denied.

Ordered accordingly,^[1]

(a) (a) As to affidavits on which to move for or oppose a change of venue, see the note to Brittan v. Peabody, (ante, p. 64, pl. 4; p. 69, pl. 9.) And see Bird and others v. Moore and others, ( 3 Hill, 447 ,) as to affidavits on which to move for judgment as in case of non-suit.