Vary v. Godfrey

Curia. This affidavit does not come within the rule laid down in Taylor v. Hatch, (12 John. Rep. 340.) That applies only to affidavits made before an attorney in a suit pending; not to those preparatory to the commencement of one. The affidavit is not entitled; and the attorney may or may not be retained at the time when the affidavit is made. The rule is thus qualified by the English cases. (Haward v. Nalder, Barnes, 60.) The motion must be denied. Motion denied.