Supreme Court of New Jersey November 15, 1795 (Miller v. Alexander)

Kinsey, C. J.

There must be an affidavit detailing the circumstances, and if merits appear, the court will admit the plea, provided the plaintiff has not lost a trial; but a regular judgment is not to be set aside where plaintiff has lost an assizes.

*460In this case the plaintiff has lost an assizes, and the motion, even if regularly brought forward, must be refused.

Motion denied.