The E. C. Scranton
This text of 8 F. Cas. 296 (The E. C. Scranton) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The exception is disallowed. The question of the propriety of the action of the commissioner, in refusing to allow a person to be sworn to contradict testimony previously given, cannot be raised by an exception to the report of the commissioner. It ought to have been raised by an application to the court, before the report was made, to direct the commissioner to allow the person to be sworn. The Columbus [Case No. 3,041]; Tyler v. Simmons, 6 Paige, 127; Schwarz v. Sears, Walk[297]*297er, Ch. 19; Ward v. Jewett, Id. 45; Troy Iron & Nail Factory v. Corning [Case No. 14,196].
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8 F. Cas. 296, 4 Ben. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-e-c-scranton-nysd-1870.