But BY THE COURT: — A third person fully acquainted with the circumstances ought certainly to be admitted to make the affidavit of a defence when the party himself from extreme sickness is incapable of making it; but when he is present, and subject to no disability, it is regularly incumbent upon him to do it. This, however, in a case under very particular circumstances; and the judgment was entered at the first term. We think, therefore, the judgment ought to stand...
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