Anonymous

Supreme Court of New Jersey

Anonymous

3 N.J.L. 929

DecidedFebruary 15, 1812

StatusPublished

This text of 3 N.J.L. 929 (Anonymous) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anonymous, 3 N.J.L. 929 (N.J. 1812).

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Opinion

Kirkpatrick, C J

— We are all of opinion, that this judgment be affirmed. As to the rejecting of the witness, it was a matter of discretion in the court below, which cannot be reviewed by a court of error.

Pennington, J.

— I am perfectly satisfied with the proceedings below- As to the witness, he was under [#] 14 years of age, and prima facie, incompetent. The justice examined him as to his mental capacity, and was not satisfied. How can we say that he did wrong? It is not a subject of review in error.

Judgment affirmed.

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Kirkpatrick, C J

— We are all of opinion, that this judgment be affirmed. As to the rejecting of the witness, it was a matter of discretion in the court below, which cannot be reviewed by a court of error.

Pennington, J.

— I am perfectly satisfied with the proceedings below- As to the witness, he was under [#] 14 years of age, and prima facie, incompetent. The justice examined him as to his mental capacity, and was not satisfied. How can we say that he did wrong? It is not a subject of review in error.

Judgment affirmed.

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Bluebook (online)

3 N.J.L. 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anonymous-nj-1812.