AFFIDAVIT

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AFFIDAVIT


AFFIDAVIT, practice. An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. Itdiffers from a deposition in this, that in the latter the opposite party hashad an opportunity to cross-examine the witness, whereas an affidavit isalways taken ex parte. Gresl. Eq. Ev. 413. Vide Harr. Dig. h.t. 2. Affidavit to hold to bail, is in many cases required before thedefendant can be arrested; such affidavit must be made by a person who isacquainted with the fact, and must state, 1st, an indebtedness from thedefendant to the plaintiff; 2dly, show a distinct cause of action; 3dly, thewhole must be clearly and certainly, expressed. Sell. Pr. 104; 1 Chit. R.165; S. C. 18 Com. Law, R. 59 note; Id. 99. 3. An affidavit of defence, is made by a defendant or a person knowingthe facts, in which must be stated a positive ground of defence on themerits. 1 Ashm. R. 4, 19, n. It has been decided that when a writ of summonshas been served upon three defendants, and only one appears, a judgment forwant of an affidavit of defence may be rendered against au. 8 Watts, R. 367.Vide Bac. Ab. h.t.

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