Phillips v. Thompson
New York Court of Chancery
THE bill, which was filed in July, 1809, stated the act of the legislature, passed the 6th of March, 1807, entitled “ an act to raise moneys to drain the drowned lands in the county of Orange,” (sess. 30. ch. 25.) By the first section of the act, three inspectors were appointed to determine the number of acres belonging to each owner of the tract of drowned lands, which, in their opinion, might be benefited . in removing the obstructions and straightening the river Wallkill,…
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THE bill, which was filed in July, 1809, stated the act of the legislature, passed the 6th of March, 1807, entitled “ an act to raise moneys to drain the drowned lands in the county of Orange,” (sess. 30. ch. 25.) By the first section of the act, three inspectors were appointed to determine the number of acres belonging to each owner of the tract of drowned lands, which, in their opinion, might be benefited . in removing the obstructions and straightening the river Wallkill, and the two streams which fall into it, in that tract; and to determine. the proportion that each owner should pay, per…
1Opinion of the Court
The Chancellor.
The motion to suppress the deposition of the witness is denied, as the charge of misbehaviour is done away ; but if it should be deemed material, hereafter, in the discussion of the merits, to have a more full and perfect answer from the witness, the court will direct a further examination of him, on those interrogatories, either before the examiner, or in open court. The cases cited show, that either course may be adopted, in the discretion of the court, the better to inform its conscience; and if a further deposition be taken, it need not be published, nor a further argument…
2Cases cited1 opinion
- Simonds v. CatlinNew York Supreme Court · 1804
3Cited by77 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Wright v. ScottonSupreme Court of Delaware · 1923
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Gupton v. GuptonSupreme Court of Missouri · 1870
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