Richardson v. Gere
New York Supreme Court
This was an action 'of ejectment for dower, tried at the Tompkins circuit, in September, 1837, before the Hon. Robert Monell, one of the circuit judges. The' plaintiff, to prove her right to recover, produced a commission sued out to Illinois, and the testimony token under it, which was received by the judge, although objected to by the defendant as inadmissible.
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This was an action 'of ejectment for dower, tried at the Tompkins circuit, in September, 1837, before the Hon. Robert Monell, one of the circuit judges. The' plaintiff, to prove her right to recover, produced a commission sued out to Illinois, and the testimony token under it, which was received by the judge, although objected to by the defendant as inadmissible. The commission was allowed by a circnit judge, and the interrogatories to be attached thereto were settled and allowed by a supreme court commissioner, who endorsed upon the commission a direction in these words : Let the within…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The commission, I am of •opinion, was improperly admitted. The statute, 2 R. S. 394, i 14, prescribes that the officer settling the interrogate*157ríes shall “ direct the manner in which it shall be returned, and may, in his discretion, direct the same to be returned by mail, addressed to the clerk,” &xv It then provides, §16, sub. 5, that if there is a direction on the commission to return the same by mail, they [the commissioners] shall deposit the packet in the nearest post office, &c.; and by sub. 6, .if there be a direction .to return the same by an assent of the…
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