Livingston v. Kiersted
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. K. and H, sued L. on the 29th oí April, 1811, before a justice, and declared ^ him for unlawfully raising and keeping up a mill-dam conto the lands of the plaintiffs, whereby they were overflowed, &c.
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IN ERROR, on certiorari, from a justice’s court. K. and H, sued L. on the 29th oí April, 1811, before a justice, and declared ^ him for unlawfully raising and keeping up a mill-dam conto the lands of the plaintiffs, whereby they were overflowed, &c. The defendant pleaded, 1. Not guilty; 2. The statute of limitations; 3. A justification under deeds from Kiersted, and" Everadus Bogardus, the owner of the lands, by virtue of which he had a right to keep up the dam, provided the dam 7vas 7iot raised, and averred that the dam had not been raised, at least, since the plaintiffs claimed the land.…
1Per curiam
The exclusion of testimony to prove that a witness offered on the part of the plaintiffs was non. co7npos, by reason of his mental derangement, was erroneous. If it could have been shown to the court below that the witness was deranged, or had not the ordinary understanding, he must have been excluded as incompetent. Idiots, lunatics and mad7iien are not competent witnesses, and this must be shown to the court by proof, like any other charge of incompetency. The defendant was prevented, from showing this, and the witness was admitted. As we cannot tell what weight the jury may have given to…
2Cited by8 opinions
- White v. StateMississippi Supreme Court · 1876
- Ellarson v. EllarsonAppellate Division of the Supreme Court of the State of New York · 1921
- Alleman v. SteppSupreme Court of Iowa · 1879
- Butler v. StateMississippi Supreme Court · 1953
- People ex rel. Norton v. N. Y. HospitalNew York State Hospital Commission · 1876
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