Majority
p. 310Wilson and another vs. Tiffany.
Headnote
It is irregular to serve a copy of an affidavit on which a foundedSprevf ous to its being swom to.Service of papers on motions. In this case, notice of a mofjon for a commission to examine witnesses was given, . , _ . , , , r From the jurat to the affidavits produced to the court, it apPeared that it was sworn to subsequent to the time of service of what purported to be a copy on the opposite party. This wag 0¡3jecte¿t0 as irregular, and so held by the court, who said that though, under the circumstances of this case, they
p. 311
would grant thé motions such objection, in any case subsequently arising, would be sustained.[1]
Hatch Cambreling, for the motion.
J. R. Van Duzer, contra.
* A case subsequently came before the court, in which the same question arose, and they refused to entertain the motion.