Jackson ex dem. Green v. Kent
New York Supreme Court
Ejectment for land in Oneida county tried at the cireuit in that county, March 27th, 1826, before Williams, C. J. _ At the trial, the claim of the plaintiff, to one-fifth of the premises in question, depended on the- inquiry, whether one of the-lessors" of the plaintiff "whs the heir of George Clark, the patentee ' of the land.
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Ejectment for land in Oneida county tried at the cireuit in that county, March 27th, 1826, before Williams, C. J. _ At the trial, the claim of the plaintiff, to one-fifth of the premises in question, depended on the- inquiry, whether one of the-lessors" of the plaintiff "whs the heir of George Clark, the patentee ' of the land. Eor this purpose,' the plaintiff offered in evidence, the'deposition of Jáspar Graham, - a witness residing- out of the state, taken de lene esse, before James Cochran, Esq.,- a-commissioner-to perform certain duties of a judge of the "supreme courtand stated that…
1Opinion of the Court
Sutherland, J.,
(in delivering the opinion of the court,) said, the preliminhry objections to giving in evidence the deposition of Jasper Graham, were properly *overruled.
The objection at the trial was not specifically to proving the service of notice of Graham’s examination before the commissioner, by affidavit. It was in general terms, to the preliminary proof. If it had. been made expressly to the nature of the evidence of service, it might have beén obviated by calling the witness who made the service, and swore to the affidavit. He was probably in court; for he was the attorney in the…
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