
    Willard against Judd.
    An affidavit taken before a Commissioner or Recorder, who is Conn? sel in the cause, may be read; but not if he is the Attorney.
    
    J. PAINE, for the defendant, 1 7
    
    moved to change the venue o in this cause, and read an affidavit, in support of the mo- • , _11 . lion, taken before Amasa Paine, Recorder of the city of — ' J J Toy•
    
      Dewitt, contra,
    objected, that the affidavit ought not to be read, as it was taken before A. Paine, who was counsel for the defendant. He cited Taylor v. Hatch, (12 Johns. Rep. 340.) in which the affidavit, taken before a Commissioner, who was attorney for the plaintiff, was not allowed to, be read.
   Per Curiam.

The rule laid down in Taylor v. Hatch, applies only to the case of the Commissioner, or officer, being the attorney for the party. The attorney is supposed always to draw the affidavit. There is not the same reason to object to the counsel.  