Garbutt v. Bradner

New York Supreme Court

Garbutt v. Bradner

1 How. Pr. 122

DecidedMarch 15, 1845

StatusPublished

This text of 1 How. Pr. 122 (Garbutt v. Bradner) 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

Garbutt v. Bradner, 1 How. Pr. 122 (N.Y. Super. Ct. 1845).

Pincite

Opinion

Beardsley, Justice.

Said he should order the motion to stand over to the next special term, that the defendant might show the nature of the action, in order to satisfy the court that he required the number of witnesses which he had sworn to. Unless an explanation was made, he should consider it a fraud upon the court, in swearing to the materiality of seventy-eight witnesses on a defence in a common action of assumpsit.

Rule accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Beardsley, Justice.

Said he should order the motion to stand over to the next special term, that the defendant might show the nature of the action, in order to satisfy the court that he required the number of witnesses which he had sworn to. Unless an explanation was made, he should consider it a fraud upon the court, in swearing to the materiality of seventy-eight witnesses on a defence in a common action of assumpsit.

Rule accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

1 How. Pr. 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garbutt-v-bradner-nysupct-1845.