Legal Opinion
Perry v. Weyman
New York Supreme Court
Decided August 15, 1806PublishedCited by 1 opinion
ON certiorari, from a justice’s court. The errors as? signed were 1. That the justice refused to admit evidence of Pa)’meiit, on the part of the defendant below. 2. That the justice before whom the cause was tried, was sworn by . . . . another justice, as witness m the cause.
1Per curiam
The act is positive that the justice, or court, that is, the justice before whom the cause is tried, must administer the oath to the witnesses. The oath administered by the other justice was extra-judicial, and improper.
Judgment reversed.
2Cited by1 opinion
- Morss v. MorssNew York Supreme Court · 1851