Brackett v. Dudley

New York Supreme Court

Brackett v. Dudley

1 Cow. 209

DecidedAugust 15, 1823

StatusPublished

This text of 1 Cow. 209 (Brackett v. Dudley) 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.

Bluebook

Brackett v. Dudley, 1 Cow. 209 (N.Y. Super. Ct. 1823).

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Opinion

Per Curiam.

The affidavit shews enough, without this. & ’ - _ The statute is, that, “ if any material witness, in any action, &c. shall not reside in this státe, it shall be lawful for the Court, on affidavit or proof being made thereof, to the satisfaction of the Court, to grant the commission.” It is enough, to shew, by affidavit, that the witness is without the jurisdiction of the Court, and that he is material, which is sufficiently shewn here, and the advice of counsel is so far sworn to. That the party cannot safely proceed, &c. issurplusage.

Motion granted.

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Per Curiam.

The affidavit shews enough, without this. & ’ - _ The statute is, that, “ if any material witness, in any action, &c. shall not reside in this státe, it shall be lawful for the Court, on affidavit or proof being made thereof, to the satisfaction of the Court, to grant the commission.” It is enough, to shew, by affidavit, that the witness is without the jurisdiction of the Court, and that he is material, which is sufficiently shewn here, and the advice of counsel is so far sworn to. That the party cannot safely proceed, &c. issurplusage.

Motion granted.

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Bluebook (online)

1 Cow. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brackett-v-dudley-nysupct-1823.