People v. Brooks
Court for the Trial of Impeachments and Correction of Errors
Indictment for a misdemeanor. The defendant, a justice of the peace, was indicted in the Albany general sessions, for refusing to take an affidavit.
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Indictment for a misdemeanor. The defendant, a justice of the peace, was indicted in the Albany general sessions, for refusing to take an affidavit. On the trial, in that court, it was shewn that a suit had been commenced before him as a justice of the peace, and that the defendant in that suit caused an affidavit to be prepared in order to shew that the justice was a material witness in his behalf in the cause, with a view to procure a discontinuance of the action, pursuant to the provisions in 2 R. S. 246, § 118. The draft of affidavit stated that the justice was a material witness in…
1Opinion of the Court
By the Court, Beardsley, J.
An action Avas pending before a justice, in Avhich it was laAvful for the defendant therein to make an affidavit shoAving the justice to be a material witness for him, with a view to effect a discontinuance of said cause., (Laws 1838, p. 232, § 1.) A justice of the peace is authorized to take such an affidavit. The revised statutes provide that affidavits to “ be read and used in any court of Iuav or equity, of record or not of record, Avithin this state,” may be taken before commissioners of deeds. (2 R. S. 284, § 49.) The word may, in this statute, is tantamount…
2Cited by24 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- Levering v. LeveringCourt of Appeals of Maryland · 1885
- Clark v. . MillerNew York Court of Appeals · 1874
- Treherne-Thomas v. Treherne-ThomasAppellate Division of the Supreme Court of the State of New York · 1944
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