Mayor of Wilmington v. Hedges , 5 Del. 421 ( 1853 )

The Court

thought otherwise, and ordered the judgment as moved ; but Mr. Cordon then objected that the affidavit was made by the treasurer of the city corporation, and there was no provision in the law that this officer should swear in this respect for the corporation. The court assented to this; but said they would correct it by the general rules, which they were about to establish under authority of law.

Judgment refused for want of an affidavit.