Brownell v. Marsh

By the Court, Bronson, J. An affidavit that the party has fully and fairly stated this case, or his case, to counsel, [637] fairly implies that he has stated the whole casé, and is a sufficient compliance, in that particular, with the 61st rule. But an affidavit that he has stated his defence to counsel, only implies that he has stated one side of the case,4 and is therefore insufficient. Orders accordingly.