Clark v. Grant

New York Supreme Court

Clark v. Grant

2 Wend. 257

CourtNew York Supreme Court

DecidedFebruary 15, 1829

StatusPublished

Cited by9 cases

This text of 2 Wend. 257 (Clark v. Grant) 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

Clark v. Grant, 2 Wend. 257 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Sutherland, J.

A party attending a reference is entitled to privilege, the same as when attending a trial; but it lasts only during the hearing and a reasonable time after to enable the party to return to his residence. A party might be indulged in remaining to learn the verdict of a jury, who cannot separate, after a cause is committed, until they pronounce a verdict. It is not so with a report of referees. Referees may separate, and a report may not be made until long after the hearing. The party being engaged in preparing to set aside the report, gives him no claim to be exempted from arrest.

Motion denied.

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By the Court, Sutherland, J.

A party attending a reference is entitled to privilege, the same as when attending a trial; but it lasts only during the hearing and a reasonable time after to enable the party to return to his residence. A party might be indulged in remaining to learn the verdict of a jury, who cannot separate, after a cause is committed, until they pronounce a verdict. It is not so with a report of referees. Referees may separate, and a report may not be made until long after the hearing. The party being engaged in preparing to set aside the report, gives him no claim to be exempted from arrest.

Motion denied.

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Bluebook (online)

2 Wend. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-grant-nysupct-1829.

Opinion

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