Lack v. Watts

Appellate Terms of the Supreme Court of New York

Lack v. Watts

140 N.Y.S. 126

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 14, 1913

StatusPublished

This text of 140 N.Y.S. 126 (Lack v. Watts) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lack v. Watts, 140 N.Y.S. 126 (N.Y. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

Under the peculiar circumstances of this case, we think that the Special Term of the City Court should have taken the testimony of the witnesses under oath in open court when they could have been cross-examined, or should have sent the matter to a referee to hear- and determine and report.

The order is therefore modified by directing that the court below take the oral testimony of such witnesses as may be offered by either party or that a reference be ordered, and, as so modified, affirmed without costs of this appeal to either party.

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PER CURIAM.

Under the peculiar circumstances of this case, we think that the Special Term of the City Court should have taken the testimony of the witnesses under oath in open court when they could have been cross-examined, or should have sent the matter to a referee to hear- and determine and report.

The order is therefore modified by directing that the court below take the oral testimony of such witnesses as may be offered by either party or that a reference be ordered, and, as so modified, affirmed without costs of this appeal to either party.

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Bluebook (online)

140 N.Y.S. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lack-v-watts-nyappterm-1913.