Wilson v. Green
20 Wend. 189
N.Y. Sup. Ct.
1838
Check Treatment
By the Court, Co wen, J.

The affidavit upon which the application was made for an adjournment was clearly insufficient j but if otherwise, we cannot notice the objection. It is not properly a part of the record.

The return, I think, shows that, in evidence on the trial, the defendant proved that the plaintiff had parted with his title before he commenced the proceedings; but that we cannot notice, according to the case of Birdsall v. Phillips, 17 Wendell, 464.

Proceedings affirmed.