Legal Opinion

Chandler v. Avery

New York Supreme Court

Decided January 15, 1888Published

Appeal from a judgment in favor of the plaintiff entered in Erie county upon tbe report of a referee.

1Opinion of the Court

Haight, J.:

This action was brought by James Van Burén to set aside a conveyance of certain real estate in tbe city of Buffalo. He having died tbe action was revived and continued in tbe name of tbe plaintiff. Hpon tbe trial tbe plaintiff’s attorney asked to have tbe case adjourned to tbe bouse of Mr. Van Burén to take bis testimony on account of bis sickness, and that tbe defendant be excluded from *10attending the hearing during the talcing of his testimony on account of his nervous and enfeebled condition, and in support of his application read the affidavits of two physicians who gave it as…

2Cases cited3 opinions

  1. Ryan v. CouchSupreme Court of Alabama · 1880
  2. Chester v. BowerCalifornia Supreme Court · 1880
  3. In re NicholsNew York Supreme Court · 1879

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