Legal Opinion

De Veer v. Stanton

New York Supreme Court

Decided May 15, 1823Published

Trespass, in the Court below, by Van De Veer against Sianion. After issue, the defendant made affidavit, that the Justice was a máterial witness for him, as lie was advised by his counsel, and verily believed, of which he was not apprize<^ hll after the adjournment; and moved for a non-suit.

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Trespass, in the Court below, by Van De Veer against Sianion. After issue, the defendant made affidavit, that the Justice was a máterial witness for him, as lie was advised by his counsel, and verily believed, of which he was not apprize<^ hll after the adjournment; and moved for a non-suit. The plaintiff offered that the Justice might, on the trial, state any facts within his knowledge, which should be received as evidence, to which the defendant refused to accede.— Whereupon, the Justice non-suited the plaintiff, and gave judgment for the defendant, for his costs, although the defendant…

1Opinion of the Court

Curia.

The Justice erred in non-suiting the plaintiff; and .leaving given judgment against him for costs, error lies.(a)

Judgment reversed.

Smith v. Suits, 2 John. Rep. 9. Wilson v. Foree, 6 id. 110. Schermerhorn v. Jenkins, 7 id. 373.

2Cases cited1 opinion

  1. Smith v. SuttsNew York Supreme Court · 1806

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