| N.Y. Sup. Ct. | Oct 15, 1838
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.