Majority
p. 283Chase vs. Edwards and Bull.
Headnote
An affidavit on which a motion in court is made, should be made by the attorney, and not by Ins clerk.When a jurat is an essential part of an affidavit, it should be stated in the copy served.
Motion for judgment as in case of nonsuit. The affidavit of the state of the cause was made by a clerk of the attorney for the defendant, and the copy affidavit served on the plaintiff’s attorney contained no jurat, for which causes the motion was opposed.
J. Clizbe, for defendants.
F. 8. Kinney, for plaintiff.
The jurat may be an essential part of the papers served, as without it, facts stated may be unintelligible. The books of practice say that the officer’s name, but not the date, may be omitted. When essential, the jurat must be given. The other objection, however, is fatal: the attorney, and not the clerk in the attorney’s office, should make the affidavit, unless a sufficient excuse is offered for the omission. The motion is denied, with costs.