McGarry v. Hart

By the Court, Beardsley, J. The advice of an attorney is not the advice of counsel within the rule,(a) and the motion must be denied. But the attorney may have been misled by what was said in Beall v. Dey, (7 Wend. 513,) and the denial should therefore be without prejudice to the right to renew the motion. Ordered accordingly. Footnotes [(a)] The 61st rule of January term, 1837, corresponds in phraseology with the 63d rule of May term, 1845.