Goodyear v. Vosburgh
New York Supreme Court
Exceptions ordered to be heard in the first instance at ihe general term. The case was tried at the Otsego circuit in January, 1870, before ore of the justices of this court and a jury. The action was brought for entering upon land, consisting of a wood lot of about fifty acres, on lots 191 and 192 of Wallace patent, in the town of Oneonta, and cutting down and carrying away pine timber.
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Exceptions ordered to be heard in the first instance at ihe general term. The case was tried at the Otsego circuit in January, 1870, before ore of the justices of this court and a jury. The action was brought for entering upon land, consisting of a wood lot of about fifty acres, on lots 191 and 192 of Wallace patent, in the town of Oneonta, and cutting down and carrying away pine timber. The answer justified under an alleged title of the wood lot in the wife of the-defendant. The plaintiff claimed title under an assignment of a lease of the wood lot made by John and Nicholas Beams, on the…
1Opinion of the Court
By the court, Miller, P. J.
It is insisted by the defendant’s counsel, that the court erred' upon the trial in rejecting the deposition of Nicholas Beams taken upon commission in the state oí Wisconsin. The grounds of objection urged to the admission of this testimony are: 1st. That the *423commission was a nullity without the signature of the clerk. 2d. That the direction of the commission omits to state the manner in which it shall be returned; and 3c?. That there was no sufficient return by the commissioner. It was stipulated between the attorneys, that the plaintiff’s attorney might “ direct…
2Cases cited8 opinions
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Fleming v. HollenbackNew York Supreme Court · 1849
- Zellweger v. CaffeThe Superior Court of New York City · 1855
- Richardson v. GereNew York Supreme Court · 1839
- Bailis v. CochranNew York Supreme Court · 1807
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. GronewegSupreme Court of Minnesota · 1889