Legrand v. Swayze

Supreme Court of New Jersey

Legrand v. Swayze

4 N.J.L. 287

DecidedNovember 15, 1818

StatusPublished

This text of 4 N.J.L. 287 (Legrand v. Swayze) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Legrand v. Swayze, 4 N.J.L. 287 (N.J. 1818).

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Opinion

*By the Court.

The justice erred in rejecting M’Murtry as a witness. He had no interest in the event of the cause. Its determination in favour of the plaintiff or defendant, could in no way affect him. It was competent, in a suit of this nature, for the defendant to prove that the property in the logs was not in the plaintiff, and if this was what he intended to prove by M’Murtry, he was a proper and competent witness for that purpose.

Judgment reversed-

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*By the Court.

The justice erred in rejecting M’Murtry as a witness. He had no interest in the event of the cause. Its determination in favour of the plaintiff or defendant, could in no way affect him. It was competent, in a suit of this nature, for the defendant to prove that the property in the logs was not in the plaintiff, and if this was what he intended to prove by M’Murtry, he was a proper and competent witness for that purpose.

Judgment reversed-

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Bluebook (online)

4 N.J.L. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legrand-v-swayze-nj-1818.