Roosevelt v. Kemper , 1 Cole. & Cai. Cas. 341 ( 1804 )

Per Quriam.

"Whenever an inquest is taken, it is at the risk of the plaintiff; and on such an affidavit as the present must be. set aside with costs. ^[1]

N. B. The court seemed to intimate that counter depositions of a want of merits could not be received, as it would be trying a cause on affidavits.

[1] But for the present practice, see I2tk General Rule ol S. Court.