1 Barb. 229
Decided October 25, 1847
New York Supreme Court · decided 1847-10-25
In EauiTY. Motion to suppress depositions taken before an examiner, under the 85th rule of the late court of chancery; on the ground of irrelevancy and immateriality.
Cited by 1 later decisions — most recently February 1879
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1847-10-25
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¶1The old rules of the court of chancery do not apply to this court. The practice of applying to suppress depositions, on a special motion, was founded upon the rule on that subject, and was not a part of the general practice of the court of chancery; and as the rule has been abrogated, no such practice now exists. The proper course to pursue will be to move, on the hearing, to suppress the depositions.
¶2Motion denied.