Wharton v. Barry , 1 How. Pr. 60 ( 1844 )

Denied with costs, on a defective affidavit of merits. That part of the affidavit is as follows: “ the defendant has a good substantial defence therein upon the merits, as he is advised by the counsel above named, and verily believed to be true.” The word believed should be believes. Plaintiff’s counsel alleged the same point had before been decided by Judge Cowen.