Troup v. Sherwood & Wood
New York Court of Chancery
VAN VE CUTEN, for the defendants, moved to pass publication ("of depositions taken to impeach the credit of the plaintiff’s witnesses) in this cause, instanter. He read the affidavit of 8. one of the defendants, and who is solicitor for the other, stating, that on the 4th óf August last, he first ascertained that publication had passed in this .cause; and he made application to the court on the 17th of August, for leave to examine other witnesses, which was denied.
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VAN VE CUTEN, for the defendants, moved to pass publication ("of depositions taken to impeach the credit of the plaintiff’s witnesses) in this cause, instanter. He read the affidavit of 8. one of the defendants, and who is solicitor for the other, stating, that on the 4th óf August last, he first ascertained that publication had passed in this .cause; and he made application to the court on the 17th of August, for leave to examine other witnesses, which was denied. That on the 17th of October last, he renewed” the application, on affidavits more precise as to facts and dates, but it was again…
1Opinion of the Court
The Chancellor.
The motion on the part of the defendants, is for a rule to pass publication, instanter. The publication here alluded to, does not relate to the testimony taken in chief; for as to that testimony, publication has passed long ago. It relates to the testimony which is presumed to have been taken within a few days past, before the examiner at Utica, in order to impeach the credit of one or more of the plaintiff’s witnesses.
There are several objections to this motion :
1. If we were to assume, in favour of the defendants, that the testimony has neen regularly and duly f; ken, the…
2Cited by5 opinions
- People v. . HinksmanNew York Court of Appeals · 1908
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
- People v. . GreenwallNew York Court of Appeals · 1889
- Wood v. MannU.S. Circuit Court for the District of Massachusetts · 1836
- Gass v. StinsonU.S. Circuit Court for the District of Massachusetts · 1837