Murray v. House
New York Supreme Court
^ ERROR, on certiorari, from a justice’s court. House sued Murray before the justice ; C. H. was offered as a witness v for the plaintiff below, and objected to by the defendant, as in-j u J ’ tCT€Stcd• The defendant proved the interest to the satisfaction of the justice.
Read the full summary
^ ERROR, on certiorari, from a justice’s court. House sued Murray before the justice ; C. H. was offered as a witness v for the plaintiff below, and objected to by the defendant, as in-j u J ’ tCT€Stcd• The defendant proved the interest to the satisfaction of the justice. The plaintiff’s attorney (who, the justice said, appeared by a verbal power from the plaintiff) then released the interest of the witness, and the justice then decided that he was competent, and upon his testimony alone gave judgment against Murray for 20 dollars damages, with costs.
1Per curiam
A parol request to the attorney to appear for the party in a suit, is no authority to release the interest of a witness; and the judgment ought to be reversed.
Judgment reversed-,
2Cited by4 opinions
- Jenney v. DelesdernierSupreme Judicial Court of Maine · 1841
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860
- Clark v. CourserSuperior Court of New Hampshire · 1854
- Gaul v. GroatNew York Supreme Court · 1823