
    Everitt against Knapp.
    ALBANY.
    August, 1810
    Where it ay» bond^ón ‘'which by confession, was given for a gaming debt; and the counter affidavits were e* sive, the court refused to award an issue to try Swathe' judg™ent>, a¡ld de" , ant of att0™ey void, so as to leave the party to his remedy on_ the bond, by suit.
    EMOTT, for the defendant, moved to set aside the judgment, entered by confession, and the execution in this cause, on the ground that the bond was given for gaminsr debt. ; °
   Per Curiam.

Motion granted* The charge is so directly made out, by the affidavits, and the counter affii # s davits are so equivocal or evasive, that we do not think it necessary to award an issue to try the facts; but adjudge the warrant of attorney void, so as to leave the plaintiff to his remedy on the bond, by suit. r •' * 9 J  