
    Dickson against Seelye.
    ALBANY.
    August, 1810.
    Where an affidavit was made an attorney, on which to oh-0Vt, cJr°io' after'“the '¡“’¡,s™“n‘upp^g' mentary affidavit was allowed, tobe made after the 30 days, to show the reason, affidavit was not himself; al"eoiiaterdihcu but not as to the merits.
    APPLICATION was made to a judge, to allow a ° u certiorari, in this cause, on an affidavit, made by the at- ... , „ tomey of the plaintiff, within the 30 days allowed by the statute, which was refused by the judge, because the affidavit was made by the attorney, and no reason assigned, why it was not made by the party himself. The attorney, then, but after the expiration of the 30 days, J e s made a further affidavit, stating the reason why the first _ , , ... affidavit was not made by the party, to wit, that the plaintiff, at the time of the trial, was and still is absent from the state, so that he could not make an affidavit in the cause. On producing this supplementary affidavit, the certiorari was allowed.
    
      Campbell
    
    now moved to set aside the allowance and all subsequent proceedings. He insisted that the statute was peremptory, and that the party only could make the affidavit.
   Kent, Ch. J.

Wherever there has appeared to be a necessity, or a just cause for the affidavit being made by the attorney of the party, I have received it, and allowed the certiorari.

Spencer, J.

I have done the same. It appeared to me to be necessary to construe the statute liberally, in this respect, otherwise, great and manifest injustice would be done, in many cases.

Per Curiam.

The motion must be denied. Though every thing relating to the merits, or to the errors in the court below, must b,e contained in the affidavit which the statute requires to be made within thirty days after tke ju¿gment. yet a supplementary affidavit, which is merely explanatory of a collateral fact, as in this case, of the absence of the party, may be made after the thirty — days.

Motion denied.  