Burdekin, Public Officer, Company, v Potter and Others
| Jurisdiction | England & Wales |
| Judgment Date | 04 November 1841 |
| Date | 04 November 1841 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 6
EXCHEQUER OF PLEAS.
S. C. 1 Dowl. (N. S.) 134; 11 L. J. Ex. 82; 5 Jur. 992. Referred to, Ex parte Johnson; In re Chapman, 1884, 26 Ch. D. 345.
[13] burdekin, Public Officer, &c., v. potter and othkrs. Exch. of Pleas. Nov. 4, 1841.-An affidavit, entitled in the proper Court, and purporting to be sworn before A. B., "a commissioner, &c.," is sufficient: the jurat need not state that he is a commissioner for taking affidavits in that Court. [S. C. I Dowl. (N. S.) 134 ; 11 L. J. Ex. 82 ; 5 Jur. 992. Referred to, fix parle Johnson; In re Oha-pman, 1884, '26 Ch. D. 345.] Erie moved for a rule to shew cause why the judgment signed upon a warrant of attorney given by the defendants in this cause, for 20,000, and the execution thereon, should not be set aside. One of the objections on which he relied was, that the jurat of the affidavit of the execution of the warrant of attorney described it as "sworn before , a commissioner, &c.," without stating that he was a commissioner for taking affidavits in this Court. The affidavit was duly entitled in the cause in this Court. He referred to Ret, v. Hare (13 East, 189), Howard v. Brown (4 Bing. 393; 1 M. & P. 22), and a case of Tartu v. Banieti, decided in this Court on the last day of last Trinity term (not reported). lord abinger, (.'. B. I think this objection cannot prevail. If you go upon any principle, it would seem that if the party be named at all, the Court may examine to see whether he is one of its commissioners. I doubt whether any thing at all need be added to his name. parkb, B...
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Cheney v Courtois
...court. The like was held in White v. Irving, 5 Dowl. P. C. 289, and Daley v. Alafum, 6 Dowl. P. C. 192. Again, in Bunlekin v. Potter, 9 M. & W. 13, it was held that an affidavit, intituled in the proper court, and purporting to be sworn before " A. B., a commissioner, &c.," was sufficient, ......