Jackson ex dem. Coates v. Gauger
New York Supreme Court
S. A. Foot, for the defendant, moved for a view; and reacj an affidavit 0f the defendant’s attorney, that on the trial of this cause, an intricate question of boundaries would be inquired into ; and the cause could not be tried by a ;urv understandinely without a view.
1Opinion of the CourtWoodworth, J.
The affidavit is insufficient. By the statute, (1 R. L. 332, s. 21,) we may order a view when jt shall appear proper and necessary. Several decisions have limited these views in ejectment to cases where boundaries are in question. (Col. Cas. 46. 4 Cowen 396.) But this alone is not enough. Particular circumstances should be stated, in order that we may judge for ourselves, whether the view be necessary to a full understanding of the cause. The defendant here states merely his own conclusions.
Savage, Ch. J.
In most cases, the evidence may be made quite as plain to a jury, in respect to…
2Cited by1 opinion
- United States v. DenneeU.S. Circuit Court for the District of Louisiana · 1877