Griffin v. Borst

New York Supreme Court

Griffin v. Borst

4 Wend. 195

DecidedMay 15, 1830

StatusPublished

This text of 4 Wend. 195 (Griffin v. Borst) 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

Griffin v. Borst, 4 Wend. 195 (N.Y. Super. Ct. 1830).

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Opinion

By the Court,

Savage, Ch. J.

Had the fact been established that the commissioner before whom two of the commissioners were sworn was the attorney of the widow, the objection would not have been sustained. It has been held that an affidavit taken before the attorney in a cause cannot be read on a motion made in court; but we feel no disposi* tion to extend the rule. In this case, however, the fact is denied. The motion is denied.

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By the Court,

Savage, Ch. J.

Had the fact been established that the commissioner before whom two of the commissioners were sworn was the attorney of the widow, the objection would not have been sustained. It has been held that an affidavit taken before the attorney in a cause cannot be read on a motion made in court; but we feel no disposi* tion to extend the rule. In this case, however, the fact is denied. The motion is denied.

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Bluebook (online)

4 Wend. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-borst-nysupct-1830.