Opinion
October, 1795.
Peery and Miller for plaintiff. Ridgely and Bayard for defendant.
The affidavit of a certain Anthony Haverly, who was dead, was offered in evidence for the purpose of proving that one John Conner died in the year 1706-7. It was a voluntary affidavit dated October 7, 1745, and found among the defendant's papers, and had been recorded. It was objected to, by the plaintiff's counsel on the ground that it was ex parte, and they cited Gilb.Evid. 39-47.
Upon the other side, it was said that the admissibility of evidence depended on the purpose for which it was offered. The affidavit in the present case was offered solely to prove a death in the year 1707. The fact regularly could be proved only by tradition or by parish registers or monumental inscriptions and that such evidence might equally be termed ex parte and surely imported not more verity than an ex parte affidavit.
The affidavit is not evidence. It is ex parte and that objection is unanswerable. It being recorded adds nothing to its validity as a matter of evidence.
Affidavit rejected.