Clark v. Vorce
New York Supreme Court
This was an action of ejectment, tried at the Yates circuit in December, 1834, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs in right of the wife, ,as one of the heirs at laws of Allen Vorce, claimed to recover the one-seventh of the premises in question, held by the defendants by devise under the last will and testament of their father, Allen Vorce, by * which all his real and personal property was given to them.
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This was an action of ejectment, tried at the Yates circuit in December, 1834, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs in right of the wife, ,as one of the heirs at laws of Allen Vorce, claimed to recover the one-seventh of the premises in question, held by the defendants by devise under the last will and testament of their father, Allen Vorce, by * which all his real and personal property was given to them. The testator left six children and three grand-children, the children of a deceased son ; his property was worth $7500, consisting principally of real…
1Opinion of the Court
By the Court,
Savage, Ch. J.
With respect to the testimony of a deceased witness, the rule is laid down with much strictness ; but if nothing will answer, but an exact transcript of the testimony of the witness in his very words, and all his words, it will exclude all such testimony. There are few or no cases where a cautious and prudent man will swear that his notes of testimony of a witness, taken down at the time, contain his very words, and all his words. It seems to me that Mr. Whiting’s notes should have been received, connected with his oath, as to their accuracy. It was his intention at…
2Cases cited1 opinion
- Lightner v. WikeSupreme Court of Pennsylvania · 1818
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- People v. . BuchananNew York Court of Appeals · 1895
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Lewis v. . GreiderNew York Court of Appeals · 1872
- Phillips v. PrestonSupreme Court of the United States · 1846
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