McCafferty v. Kelly

The Superior Court of New York City

McCafferty v. Kelly

2 Sandf. 637

The Superior Court of New York City·Decided February 24, 1849·Published·Cited by 1 cases

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.

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

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Opinion

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