Gihon v. Albert
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, denying the application of the defendants to suppress the examination of one of the defendants before a master, as an exhibit to be used as evidence on the hearing of the cause. The defendants had been required to answer the allegations in the complainants’ bill; to which answer a replication had been filed.
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This was an appeal from an order of the vice chancellor of the first circuit, denying the application of the defendants to suppress the examination of one of the defendants before a master, as an exhibit to be used as evidence on the hearing of the cause. The defendants had been required to answer the allegations in the complainants’ bill; to which answer a replication had been filed. And upon the taking of the testimony before the examiner, the complainants offered in evidence the examination in question as an exhibit to be used on the hearing to falsify the allegations in the answer; which…
1Opinion of the Court
The Chancellor.
The exhibit which the vice chancellor has refused to suppress is the examination of one of the appellants upon oath, It is therefore evidence of the strongest character against him and ought not to be suppressed, unless it is wholly irrelevant to the matters in issue between the parties, or was obtained under such cir*279cumstances that it cannot be legally used as evidence for the complainants on the hearing. I think there can be no reasonable doubt as to the relevancy and materiality of this examination, as evidence to support the complainants’ case upon the matters in issue…
2Cited by4 opinions
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Flynn v. JudgeAppellate Division of the Supreme Court of the State of New York · 1912
- Nicholson v. LeavittNew York Court of Appeals · 1852
- The E. C. ScrantonDistrict Court, S.D. New York · 1868