Taylor v. Hatch
12 Johns. 340
N.Y. Sup. Ct.1815Check TreatmentThe practice of the court of K. B. is, not to allow an affidavit taken before the attorney in the cause to' be read. It is a very fit and proper rule, which we shall, therefore, adopt as the practice here. As the party may, however, have been led into a mistake as to the practice, we give him leave to withdraw his motion, and to renew it again, at, the next term, on a proper affidavit.
Tidd's K. B. Pr. 451. But an affidavit to hold to bail may be taken before a commissioner, though attorney for the plaintiff. Tidd’s Pr. 155.