Legal Opinion
Colby v. Klune
Court of Appeals for the Second Circuit
Decided December 27, 1949No. 82, Docket 21449PublishedCited by 173 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. We have in this case one more regrettable instance of an effort to save time .by an improper reversion to “trial by affidavit,” improper because there is involved an issue of fact, turning on credibility. 1 Trial on oral testimony, with the opportunity to examine and cross-examine witnesses in open court, has often been acclaimed as one of the persistent, distinctive, and most valuable features of the common-law system. 2 For only in such a trial can the trier of the facts (trial judge or jury) observe the witnesses’demeanor; and that demeanor — absent, of course, when…
2Cases cited35 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Toebelman v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Third Circuit · 1942
30 more not listed; retrieve them via the Exa API.
3Cited by173 opinions
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Wolf v. WeinsteinSupreme Court of the United States · 1963
- Reliance Electric Co. v. Emerson Electric Co.Supreme Court of the United States · 1972
- American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
168 more not listed; retrieve them via the Exa API.