Dunlop v. Patterson
New York Supreme Court
On error from the Albany Common Pleas. The action was trover, originally brought by the defendant against the plaintiffs in Error, for the sloop or boat William, in a Jus- * ' 1 tice’s court of the county of Albany.
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On error from the Albany Common Pleas. The action was trover, originally brought by the defendant against the plaintiffs in Error, for the sloop or boat William, in a Jus- * ' 1 tice’s court of the county of Albany. A verdict being for the plaintiff in that court, the defendants there brought and prosecuted an appeal to the Albany Common Pleas, pursuant to the former act, (sess. 41, ch. 94, s. 17, 18, 19,) anc the cause coming on to be tried there, Orin Fuller, was of fered as a witness on the part of Patterson, the appellee. The appellants objected to his introduction, on the ground that he…
1Opinion of the Court
Curia, per Woodworth, J.
I incline to the opinion that the Court of Common Pleas decided correctly, in disallowing the testimony of Cole, to prove Fuller an interested witness. He was sworn before the justice; and no objection taken to his competency. When a cause was brought before the court by appeal, the act in question declared, that the parties should proceed to the hearing on an examination of the same witnesses named in the return, that were sworn and testified before the justice, unless they should have been objected to, and illegally admitted. (4 Laws, sess. 41, ch. 94, s. 19, p. 83.)…
2Cases cited1 opinion
- Douglass & Mandeville v. McAllisterSupreme Court of the United States · 1806
3Cited by16 opinions
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- People v. . ChapleauNew York Court of Appeals · 1890
- Deering v. . MetcalfNew York Court of Appeals · 1878
- Nicholson v. ConnerNew York Court of Common Pleas · 1879
- Fowler v. ColtonWisconsin Supreme Court · 1843
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