Dewitt v. . Barley and Schoonmaker
New York Court of Appeals
This is an action to recover real property, with damages for the withholding thereof. The plaintiff sought to recover twelve hundred and seventy-seven acres of land situated in the county of Ulster. No question arose upon the pleadings. The trial took place at the Ulster circuit on the 8th day of May, 1851, before Mr. Justice Haebis.
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This is an action to recover real property, with damages for the withholding thereof. The plaintiff sought to recover twelve hundred and seventy-seven acres of land situated in the county of Ulster. No question arose upon the pleadings. The trial took place at the Ulster circuit on the 8th day of May, 1851, before Mr. Justice Haebis. Both parties claimed title under Henry Dewitt, who died on the 7th day of May, 1850. By his will, which was duly executed on the 2d day of May, 1837, he devised to the plaintiff a lot of land of which the premises in question are a part. After giving the will in…
1Dissent
Denio, J., (dissenting.)
The principle is well settled that witnesses cannot in general be allowed to testify to opinions, as distinguished from facts. The theory of jury trials requires that the jurors should be informed by the witnesses of. thé material facts involved in the issue, and then be left to draw their own conclusions from those facts. (Lamoure v. Caryl, 4 Denio, 370; Fish v. Dodge, id., 311, 318; Norman v . Wells, 17 Wend., 136, 161; The People v. Rector, 19 Wend., 569, 576.) But the rule is not universal. It is only where, from the nature of the inquiry, The jury are as competent…
2Cases cited17 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- People v. RectorNew York Supreme Court · 1838
- Norman v. WellsNew York Supreme Court · 1837
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Clark v. FisherNew York Court of Chancery · 1828
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