Snyder v. Olmsted — 2 How. Pr. 180

Majority

p. 180

Alexander Snyder agt. Charles A. Olmsted.

Headnote

Where the venue in an affidavit was “Albany county,” and it was sworn before and the jurat subscribed by a “Judge of Rensselaer county courts, counsellor, &c.;” held, that the affidavit could not be read, on motion, on the ground that the officer, before whom it purported to have been sworn, had no jurisdiction to take it. (2 Earn. 86, 12L)

June Term, 1846.

Motion by defendant to set aside proceedings on the part of the plaintiff, &c.

The principal affidavit upon which the motion was founded Was made by defendant’s attorney ; the venue in the affidavit was “ Albany county,” and was sworn before and the jurat signed by “ J. Eomeyn, judge Eensselaer county courts, and counsellor in supreme court.”

D. Wright, defendant's counsel.

L. J. LANSING, defendants attorney.

p. 181

H. Hill, plaintiff's counsel.

B. Pearson, plaintiff's attorney.

Plaintiff’s counsel objected to the reading of the affidavit, on the ground that the officer, before whom it purported tc have been sworn, had no jurisdiction to take it; cited 2 How. 86 , 127.

Sustained the objection, and denied the motion with $7 costs, without prejudice.