
    
      Brooks v. Hunt.
    
    HENRY moved for judgment as in case of non-suit on an affidavit, merely stating for “ not bringing the cause to trial at the last circuit, in and for the <( county of Montgomery,” according to the practice of the court.
    Paris, contra,
    objected that it did not specify where the venue
      
       was laid.
    
      Henry
    
    insisted it appeared from irresistible implication, to have been in Montgomery.
    
    
      
       This ingredient is not required by the English practice. See Tidd’s Forms, 194. 1 Sell. Frac. 3.65. c.
      
    
   Per Curiam.

The affidavit is defective. Had this cause been with a venue in New- York, the same mode of swearing would have entitled you to your judgment. We are not to infer facts from affidavits, when the party has it in his power to state them positively. The motion must be denied.  