McCafferty v. Kelly

The Superior Court of New York City

McCafferty v. Kelly

2 Sandf. 637

CourtThe Superior Court of New York City

DecidedFebruary 24, 1849

StatusPublished

Cited by1 cases

This text of 2 Sandf. 637 (McCafferty v. Kelly) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCafferty v. Kelly, 2 Sandf. 637 (N.Y. Super. Ct. 1849).

Pincite

Opinion

By the Court. Oakley, Ch. J.

The court below must make a return of all the testimony and proceedings, when a return is ordered, although the affidavits conflict only in a few particulars. Such is the provision of the code. When a return is made, we look solely to that. We cannot look into the affidavits also. If the return here, be insufficient to present the whole case, the parties must call for a further return.

A further return was ordered.

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By the Court. Oakley, Ch. J.

The court below must make a return of all the testimony and proceedings, when a return is ordered, although the affidavits conflict only in a few particulars. Such is the provision of the code. When a return is made, we look solely to that. We cannot look into the affidavits also. If the return here, be insufficient to present the whole case, the parties must call for a further return.

A further return was ordered.

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Bluebook (online)

2 Sandf. 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccafferty-v-kelly-nysuperctnyc-1849.

Opinion

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