Haswell v. Bussing

Decided January 15, 1813

New York Supreme Court · decided 1813-01-15

IN ERROR, on certiorari, from a justice’s court. The material fact stated on the return was, that the justice admitted one of the parties, as a witness de bene esse; but that he afterwards disregarded the testimony, not considering it as evidence in the cause.

Good law ✅— No negative treatment on recordhow we know

Decided 1813-01-15

How this case has been cited

Cited by 4 later decisions — most recently April 1874

2 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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Per Curiam.

¶1The judgment must be reversed. It would lead to great abuse, if a justice were allowed to admit a witness to testify, de bene esse, and to say, that he afterwards disregarded the evidence.

¶2GENERAL RULE.

¶3Ordered, that whenever a motion shall be made to set aside a report of referees, on the merits, or for a new trial, upon newly discovered evidence, copies of the affidavits whereon the motion is made or opposed, shall be furnished to each of the judges, on the opening of the argument: And whenever a motion shall be made in arrest of judgment, copies of the pleadings, or of so much thereof as may be necessary, shall be delivered to each of the judges, on making the motion.

¶4January 22, 1813.

¶5END OF JANUARY TERM.