Green v. Long

New York Supreme Court

Green v. Long

2 Cai. Cas. 91

CourtNew York Supreme Court

DecidedAugust 15, 1804

StatusPublished

Cited by1 cases

This text of 2 Cai. Cas. 91 (Green v. Long) 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

Green v. Long, 2 Cai. Cas. 91 (N.Y. Super. Ct. 1804).

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Opinion

Sent, Ch. J.

I am clear I was wrong at nisi jprius. It "x'ought to have been intended and presumed, that everything took place before a court of competent jurisdiction. The onus lay on the defendant to show that it was otherwise. As to the argument that there might not have been any such court as that in which the perjury was alleged to have been committed, it would, in my opinion, have been an aggravation of the offence. The assertion might have had all the effects of a charge of [92]*92perjury before a competent jurisdiction: I am therefore for granting a new trial, with costs to abide the event of the suit.

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Sent, Ch. J.

I am clear I was wrong at nisi jprius. It "x'ought to have been intended and presumed, that everything took place before a court of competent jurisdiction. The onus lay on the defendant to show that it was otherwise. As to the argument that there might not have been any such court as that in which the perjury was alleged to have been committed, it would, in my opinion, have been an aggravation of the offence. The assertion might have had all the effects of a charge of [92]*92perjury before a competent jurisdiction: I am therefore for granting a new trial, with costs to abide the event of the suit.

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Bluebook (online)

2 Cai. Cas. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-long-nysupct-1804.

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