Bruen v. Adams , 1 Cole. & Cai. Cas. 448 ( 1805 )

Thomson, J.

The practice, I adopted was, that if the defendant’s counsel said there was a defence, I did not allow it to be taken.

NEW-YORK, May, 1805.

Per curiam.

The affidavit is defective, in not saying there is a defence “ as advised by counsel.” In this case there has been a frivolous demurrer, and that is a very suspicious circumstance. ^ie defendants, therefore, take nothing by their motion.