General
Jackson, ex dem' Metcalfe, against Woodworth
3 Cai. 136·New York Supreme Court of Judicature·1805·NY
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Opinion
Jackson, ex dem’ Metcalfe, against Woodworth.
The affidavit, to ground a motion for judgment of non-suit, ought to be by the attorney in the cause, and state that the cause was not brought to trial.
THE affidavit for judgment, as in case of nonsuit in this cause, was made by the clerk of the attorney for the defendant, and though it stated a notice for trial, it did not allege that the suit was not tried.
Weston for the plaintiff,
relied on the above circumstances as conclusive against the application.
[MAJORITY — Per curiam.]
Per curiam.
For the reasons assigned, you can take nothing by your motion,