Mowatt v. Graham

1 Edw. Ch. 13
Procedural entryThis page is a short order in Mowatt v. Graham. Read the opinion of the Court — 1 Edw. Ch. 575
New York Court of Chancery·Decided May 21, 1831·Published

Opinion

The Vice-Chancellor.

A witness who demurs to a question is not the proper person to bring it before the court. If the party putting the question asks for no attachment, nor in any w.ay brings the point before the court, no one else can.

The question must be considered as waived, or the demurrer well taken, unless he, who put the question, persists in it and takes measures to have the demurrer disposed of.

Motion denied.

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Mowatt v. Graham, 1 Edw. Ch. 13 (N.Y. 1831).

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