Home/The Superior Court of New York City/Denn ex dem. Hughs v. Morrell

Denn ex dem. Hughs v. Morrell

1 Hall 382
CourtThe Superior Court of New York City
DecidedDecember 15, 1828
StatusPublished
Cited by8 cases

This text of 1 Hall 382 (Denn ex dem. Hughs v. Morrell) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denn ex dem. Hughs v. Morrell, 1 Hall 382 (N.Y. Super. Ct. 1828).

Opinion

Upon this state of facts, the Court held, that the party moving for a new trial upon the ground of newly discovered evidence^ was bound to produce the affidavit of the witness, from whom such evidence was to come, setting forth the facts, or shew that such affidavit could not be obtained. In the present case, (they said,) there was no ground to suppose that Dibblee would give the testimony detailed in the affidavit, except from the belief of the deponent, and the application was therefore refused.

[W. W. McLellan, Att'y for the plff. John M. Cannon, Att'y for the deft.]

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Bluebook (online)
1 Hall 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denn-ex-dem-hughs-v-morrell-nysuperctnyc-1828.