Ferris v. Smith

New York Supreme Court

Ferris v. Smith

2 Cai. Cas. 253

DecidedNovember 15, 1804

StatusPublished

This text of 2 Cai. Cas. 253 (Ferris v. Smith) 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

Ferris v. Smith, 2 Cai. Cas. 253 (N.Y. Super. Ct. 1804).

Pincite

Opinion

• In this cause a commission had issued to examine a witness in France. Pending this, a letter was received, giving information that be was then a prisoner in England. At tbe next term an application was made for a second commission to be transmitted to England, wbieb, after an ineffectual opposition, was granted, but not to prevent bringing on tbe cause at tbe circuit. Previous to this another letter was received, specifying the witness to be in confinement in a town near Liverpool, and evincing that bis testimony was almost conclusive on tbe question.

Bogert, on these facts, and stating that the commission had been sent, without a knowledge of the exact spot where the witness was, moved to vacate that part of the last rule permitting the plaintiff to go to trial at the next circuit, and to allow eight months from the time 'the commission issued for its return.

Ordered accordingly.

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• In this cause a commission had issued to examine a witness in France. Pending this, a letter was received, giving information that be was then a prisoner in England. At tbe next term an application was made for a second commission to be transmitted to England, wbieb, after an ineffectual opposition, was granted, but not to prevent bringing on tbe cause at tbe circuit. Previous to this another letter was received, specifying the witness to be in confinement in a town near Liverpool, and evincing that bis testimony was almost conclusive on tbe question.

Bogert, on these facts, and stating that the commission had been sent, without a knowledge of the exact spot where the witness was, moved to vacate that part of the last rule permitting the plaintiff to go to trial at the next circuit, and to allow eight months from the time 'the commission issued for its return.

Ordered accordingly.

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Bluebook (online)

2 Cai. Cas. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferris-v-smith-nysupct-1804.