Powers v. Powers

Appellate Division of the Supreme Court of New York

Powers v. Powers

53 A.D. 384, 66 N.Y.S. 9, 1900 N.Y. App. Div. LEXIS 1934

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 1, 1900

StatusPublished

This text of 53 A.D. 384 (Powers v. Powers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Powers v. Powers, 53 A.D. 384, 66 N.Y.S. 9, 1900 N.Y. App. Div. LEXIS 1934 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam :

This judgment must be reversed and a new trial granted. The action is for separation, and the defendant upon the trial offered as a witness the oldest son of the parties. The learned trial court refused to permit him to be sworn or to give evidence. No legal ground appears for such action, and as the defendant insisted upon his right to have the testimony received as a part of the case, and excepted to the court’s refusal to grant such right, the error is one which requires a reversal of the judgment.

All concurred, except Goodrich, P. J., not voting.

Judgment reversed and new trial granted.

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Per Curiam :

This judgment must be reversed and a new trial granted. The action is for separation, and the defendant upon the trial offered as a witness the oldest son of the parties. The learned trial court refused to permit him to be sworn or to give evidence. No legal ground appears for such action, and as the defendant insisted upon his right to have the testimony received as a part of the case, and excepted to the court’s refusal to grant such right, the error is one which requires a reversal of the judgment.

All concurred, except Goodrich, P. J., not voting.

Judgment reversed and new trial granted.

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Bluebook (online)

53 A.D. 384, 66 N.Y.S. 9, 1900 N.Y. App. Div. LEXIS 1934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powers-v-powers-nyappdiv-1900.