Burlingham v. Deyer

2 Johns. 189

Opinion

Per Curiam.

The witness was a mere agent or servant, and must be considered as a competent witness, from necessity. A justice cannot act from his own previous knowledge of facts; but they must be proved before him. He must decide upon evidence produced in court. The justice ought not to have refused the release tendered by the defendant to the witness. The judgment below must be reversed.

Judgment reversed.