Brooks v. Hunt , 1 Cole. & Cai. Cas. 468 ( 1805 )


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  • Per curiam,

    The affidavit is defective. Had this cause been with a venue in NeW-York, the same mode of swearing would have entitled you to your judgment. We are not to infer facts from affidavits, when the party has it in his power to state them positively. The motion must be denied.

Document Info

Citation Numbers: 3 Cai. Cas. 128, 1 Cole. & Cai. Cas. 468

Filed Date: 8/15/1805

Precedential Status: Precedential

Modified Date: 11/3/2024