Scully v. Scully
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Margaret P. Scully, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 20th day of May, 1912, upon the verdict of a jury, and also from" an order entered in said clerk’s office on the 19th day of June, 1912, denying the defendant’s motion for a new trial m'ade upon the minutes.
1Concurrence
Houghton, J. (concurring):
I agree in a reversal of this judgment only upon the ground that the court erred in refusing to receive the testimony of Delia Eyan respecting the conversation between her father, *363John, and Thomas J. Scully, deceased, regarding the money in dispute; and I concur in such holding solely upon the ground that proper objection was not made.
The only objection interposed was that the testimony was incompetent, hearsay and self-serving. There was no objection that the witness herself was incompetent to testify as against this plaintiff because of the prohibition of section…
2Cases cited6 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Hoag v. . WrightNew York Court of Appeals · 1903
- In re the Judicial Settlement of the Accounts of MeehanAppellate Division of the Supreme Court of the State of New York · 1901
- McLaughlin v. . WebsterNew York Court of Appeals · 1894
- Cady v. BrennanNew York Supreme Court · 1894
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