Salmon v. Sunday

Appellate Terms of the Supreme Court of New York

Salmon v. Sunday

134 Misc. 475, 235 N.Y.S. 672, 1929 N.Y. Misc. LEXIS 1147

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 18, 1929

StatusPublished

Cited by2 cases

This text of 134 Misc. 475 (Salmon v. Sunday) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salmon v. Sunday, 134 Misc. 475, 235 N.Y.S. 672, 1929 N.Y. Misc. LEXIS 1147 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

It was error for the trial court to receive the unsworn testimony of three children in this case. (Michel v. Semer, 205 App. Div. 281.) The attempt by the court to affirm the witnesses did not cure the error. It having been determined that the children were incapable of understanding the nature of an oath, they were likewise incapable of affirmation.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Bijur, Callahan and Peters, JJ.

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Per Curiam.

It was error for the trial court to receive the unsworn testimony of three children in this case. (Michel v. Semer, 205 App. Div. 281.) The attempt by the court to affirm the witnesses did not cure the error. It having been determined that the children were incapable of understanding the nature of an oath, they were likewise incapable of affirmation.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Bijur, Callahan and Peters, JJ.

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Bluebook (online)

134 Misc. 475, 235 N.Y.S. 672, 1929 N.Y. Misc. LEXIS 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salmon-v-sunday-nyappterm-1929.

Opinion

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