Gray v. Murray
New York Court of Chancery
AT a rehearing of this cause,(a) before the Chancellor, at his chambers, by consent, for the defendant, moved for leave to read as evidence, the deposition of James B. Murray, showing and correcting a mistake in his testimony, taken on his examination in chief, and read at the former hearing. The deposition was taken before a commissioner, on the 21st of June, 1819. He cited, in support of the motion, 1 Johns. Ch. Rep. 526. 2 P. Wms, 646. Dickens, 677. 2 Madd.
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AT a rehearing of this cause,(a) before the Chancellor, at his chambers, by consent, for the defendant, moved for leave to read as evidence, the deposition of James B. Murray, showing and correcting a mistake in his testimony, taken on his examination in chief, and read at the former hearing. The deposition was taken before a commissioner, on the 21st of June, 1819. He cited, in support of the motion, 1 Johns. Ch. Rep. 526. 2 P. Wms, 646. Dickens, 677. 2 Madd. Ch. Pr. 439. 10 Ves. 236.
1Opinion of the Court
The Chancellor.
The deposition now offered to Be read wás not taken upon a re-examination before the examiner, nor founded upon a previous order, but is a voluntary ex parte affidavit, made at the suggestion of the defendant, a year and a half after the hearing and decree, and nearly six months after the coming in of the Master’s report, consequent upon the final decree. The witness states, in his deposition, that the alleged mistake in his examination in chief, before the examiner, was not discovered until some time after the former hearing, and that he was applied to by the defendant. That,…
2Cited by2 opinions
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- Lang's Heirs v. WaringSupreme Court of Alabama · 1850