Davis v. Rich — 2 How. Pr. 86

Majority

p. 86

George R. Davis, Receiver, &c., agt. William Rich et al.

Headnote

An affidavit sworn before an officer who has no jurisdition to take it, as appears from the venue in the affidavit, cannot be read on motion.

February Term, 1846.

Motion by defendants, at last December special term, for judgment as in case of nonsuit.

The venue in the affidavit, made on the part of the defendants for the motion, stated it to be “Albany county, ss.,” and the affidavit was sworn to before “Abram B. Olin, Becorder of the city of Troy” (Bensselaer county).

L. J. Lansing, defendants' counsel and attorney.

D. C. WOODCOOK, plaintiff's counsel.

C. M. Davis, plaintiff's attorney.

Plaintiff’s counsel objected to reading the affidavit, for the reason that it appeared that the officer before whom it was sworn had no jurisdiction to take it.

Denied the motion with costs, without prejudice, for the reason stated in the objection.