Hall v. Barton
New York Supreme Court
THIS action was commenced, and tried, before a justice of the peace of Essex county. The complaint was for the taking and converting of a cow, by the defendant. The answer was a denial, and property in the defendant. On the trial, the plaintiff offered in evidence a commission issued to James Keese, to take the testimony of one James Meighan, residing in the city of New York.
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THIS action was commenced, and tried, before a justice of the peace of Essex county. The complaint was for the taking and converting of a cow, by the defendant. The answer was a denial, and property in the defendant. On the trial, the plaintiff offered in evidence a commission issued to James Keese, to take the testimony of one James Meighan, residing in the city of New York. Annexed to the commission were the interrogatories and cross-interrogatories as settled by the justice. The caption of the interrogatories stated that the witness was to be examined before Charles Cheny, Esq.…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The first objection to
2. The second objection urged is, that no copy of section 16 of 2 R. 8. 394, was annexed to the commission. It may be doubted whether the sections of the revised statutes authorizing commissions in justices’ courts, require it. (2 R. S. 268, 4th ed. 454.) It is true, section 166 declares that the commission shall be executed and returned as is prescribed by statute when a commission issues out of a court of record; but there is no provision directing a copy of the sections above referred to, to be annexed. But whether this be so or not, is…
2Cases cited3 opinions
- Fleming v. HollenbackNew York Supreme Court · 1849
- Bort v. SmithNew York Supreme Court · 1848
- Cope v. SibleyNew York Supreme Court · 1850
3Cited by2 opinions
- Goodyear v. VosburghNew York Supreme Court · 1870
- Pendell v. . CoonNew York Court of Appeals · 1859