Source: New York Court for the Correction of Errors
Date: 1842-06-01
Jurisdiction: New York
Citation: 4 Hill & Den. 534
Opinion
By the Court, Nelson, Ch. J. The defendants may take a rule for a commission ; but they are not entitled to a stay of proceedings, the affidavit being clearly defective. Ordered accordingly. See Warner v. Harvey, (9 Wend. 444;) Seymour's executors v. Strong, (19 id. 98;) also ante, p. 64, 5, note, and the cases there cited relating to the form of an affidavit of merits.