Boynton v. Boynton
This text of 16 Abb. Pr. 87 (Boynton v. Boynton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment of the j ustice and County Court must be reversed. Where a witness, who is intrusted with a written instrument executed by the parties to the action, admits its possession in court, he must produce it, and cannot shield himself by a want of service of a subpoena duces tecum, or a notice to produce.
It is the duty of the court to require.its production, in order to determine its materiality as evidence; and it is error to refuse to require its production because it may not then appear to he material evidence!
Judgment reversed.
Present, Potter, Bockes, and James, JJ.
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16 Abb. Pr. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boynton-v-boynton-nysupct-1863.