Dunham v. Winans & Dunham
New York Court of Chancery
This cause was heard on pleadings and proofs as against the defendant Winans, and a final decree in his favor was made therein in May, 1829.' D. R. Dunham, one of the defendants, had been examined as a witness for the complainant, against his co-defendant, subject to all just exceptions. His testimony was objected to at the hearing upon the ground of interest, and was finally rejected by the Chancellor upon that ground.
1Opinion of the Court
The Chancellor.
This application is novel in its character and dangerous in principle. The objection to the witness on the ground of interest was distinctly raised and argued by counsel at the hearing, and the decree was not made until nearly two months afterwards. Five months after the final decree, the complainant for the first time offers to release the witness, and asks to set aside the decree and open the proofs in the cause, so that he may be re-examined. The object of this testimony is to support that of another witness for the complainant, and to contradict the positive answer of the…
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