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1 Johns. Ch. 526

Denton v. Jackson

New York Court of Chancery

Decided September 27, 1815

New York Court of Chancery · decided 1815-09-27

MOTION to expunge some part of the deposition of one of the witnesses, examined on the part of the plaintiff, on a certificate of the examiner, that the witness applied to him, a short time before publication was passed, alleging a mistake in taking down his testimony. The examiner, also, certified that the witness was very deaf.

Decided 1815-09-27

The Chancellor.

¶1Applications of this kind must rest in discretion, and great caution is requisite to prevent abuse. The mistake suggested might easily happen from the age and great deafness of the witness. If the mistake exists, the deposition ought to be corrected, otherwise the witness would appear to contradict himself; and the cases cited appear to support this course of proceeding. '

¶2The motion must be granted.

¶3The witness was, thereupon, sworn in court, and examined, and his deposition amended.

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