Salmon v. Sunday
134 Misc. 475, 235 N.Y.S. 672, 1929 N.Y. Misc. LEXIS 1147
Opinion
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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Salmon v. Sunday, 134 Misc. 475, 235 N.Y.S. 672, 1929 N.Y. Misc. LEXIS 1147 (N.Y. Ct. App. 1929).
134 Misc. 475 (Salmon v. Sunday) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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