# Fitzhugh v. Truax

> New York Supreme Court · August 15, 1841 · 1 Hill & Den. 644

URL: https://www.frixlaw.com/law-library/cases/5465907

## Case

- **Full name:** Fitzhugh v. Truax
- **Court:** New York Supreme Court
- **Decided:** August 15, 1841
- **Citations:** 1 Hill & Den. 644
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cowen
- **Judges:** Cowen
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5465907

## Opinion text

By the Court, Cowen, J.
The affidavit of merits is insufficient. It is, that the defendant has stated the facts of his case ; whereas it should be, that he has stated the case, fee.
Motion denied. (a)
See Rule 61st, ed. of 1837; and also Rule 1st of May T. 1840, ( 22 Wend. 644 .) The affidavit may be, that the party has stated this case, or his case; but not that he has stated his defence, &c. (Brownell v. Marsh, 22 Wend. 636 .) Nor will it do to qualify the phraseology, by adding) “ so far as the facts have come to his knowledge,” or in any other manner, unless a sufficient excuse therefor be ex pressly shown. (Brown v. Tousey, 19 Wend. 616 .)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5465907. Public record. Not legal advice.