Green v. Willis

Decided August 15, 1828

New York Supreme Court · decided 1828-08-15

Motion to set aside an inquest taken at the circuit. The inquest was taken out of its regular order on the calendar, an affidavit of merits not having been filed. The counsel for the defendant asked leave to cross-examine the plaintiffs witnesses, and to take exceptions to the proof adduced, but was not permitted by the circuit judge so to do, though he was ailowed, as amicus cunee, to suggest bis objections to the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1828-08-15

How this case has been cited

Cited by 4 later decisions — most recently May 1947

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Sutherland, J.

¶2All a party loses, who has omitted to file an affidavit of merits, when an inquest is taken against him in a cause out of its regular order on the calendar, is his right of challenge of the j'ury, and to produce testimony and examine witnesses on his part. He is entitled to appear and cross-examine the plaintiff’s witnesses; to object to evidence ; to raise objections to the plaintiff’s right of recovery; and to take exceptions to the decisions and opinions of the judge. The defendant in this case; having been refused the right to cross-examine the witnesses, and to take exceptions to the opinions of the court, the inquest is set aside, the costs to abide the event of the suit.