Wilson v. Fenner

New York Supreme Court

Wilson v. Fenner

3 Johns. 439

CourtNew York Supreme Court

DecidedAugust 15, 1808

StatusPublished

Cited by1 cases

This text of 3 Johns. 439 (Wilson v. Fenner) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Fenner, 3 Johns. 439 (N.Y. Super. Ct. 1808).

Pincite

Opinion

Per Curiam.

The evidence mentioned by the justice, the court will intend to be legal evidence, given under oath, and not merely the production of the note. The justice is not bound to state the evidence in his return, unless called upon to do so. The usual form of giving judgment, is to say, “ after hearing the allegations and proofs of the parties,” &c. If the plaintiff in error wished for explanation as to the evidence offered, he should have applied to the court for a rule on the justice for that purpose.

Judgment affirmed.

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Per Curiam.

The evidence mentioned by the justice, the court will intend to be legal evidence, given under oath, and not merely the production of the note. The justice is not bound to state the evidence in his return, unless called upon to do so. The usual form of giving judgment, is to say, “ after hearing the allegations and proofs of the parties,” &c. If the plaintiff in error wished for explanation as to the evidence offered, he should have applied to the court for a rule on the justice for that purpose.

Judgment affirmed.

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Bluebook (online)

3 Johns. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-fenner-nysupct-1808.

Opinion

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