
    Clark Mason agt. Lewis Moore et al.
    
    An affidavit of merits for a motion, stating the defendant has a defence vpon the merits to the plaintiff’s demand, on the promissory note, die., is defective, and will be held bad.
    
      February Term, 1846.
    Motion by defendant to change the venne.
    This motion was denied on a defect in defendant’s affidavit ; that part of the affidavit which swore to merits, and the part objected to, read as follows: “ that the said defendants have a good and substantial defence upon the merits to the plaintiff’s demand on the promissory note, on which this action is brought, as this deponent is advised by their said counsel, &c.”
    W. J. Cornwell, defendants’ counsel.
    
    J. S. Jenkins, defendants’ attorney.
    
    B. W. Peckham, plaintiff’s counsel.
    
    H. K. Jerome, plaintiff’s attorney.
    
   Bronson, Chief Justice.

Denied the motion with $7 costs, for the defect mentioned in the affidavit.  