
    Merrill vs. Williams.
    A pica to a declaration on a justice's judgment need not be accompanied by an affidavit.
    Declaration upon the judgment of a justice of the peace. The defendant served a plea of nil debet without an affidavit of merits. The plaintiff’s attorney disregarded the plea, and entered judgment, which
    
      S. J. Cowen, for the defendant, now moved to set aside for irregularity.
    
      R. W. Peckham, for the plaintiff,
    said the case came within the spirit of the act of 1840, and the rule adopted under it. (Sess. L. of 1840, p. 333, § 17; 22 Wend. 644.)
   By the Court, Bronson J.

The statute only goes to actions upon records and written contracts. This is neither.

Motion granted.  