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E. Humphrey against Cande & Lasher S. Tredwell & J. & S. Kissam against the same
Curia.
The objection is fatal. There is no such cause in existence, as the one mentioned in the title ; and such an affidavit is never received. The party cannot be. convicted of perjury though he swear falsely. We refuse to hear motions for writs of mandamus upon affidavits which are entitled, and. the same rule prevails in the King’s Bench as to affidavits to hold to bail.
Motion denied.