Boynton v. Boynton

Decided May 15, 1863

New York Supreme Court · decided 1863-05-15

This action was brought by Silas Boynton against John Boynton, before a justice of the peace in Washington county, to recover damages for taking and converting certain property, and for the use and occupation of a barn.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-05-15

How this case has been cited

Cited by 3 later decisions — most recently July 1931

1 district · 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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By the Court.*

¶1The judgment of the j ustice and County Court must be reversed. Where a witness, who is intrusted with a written instrument executed by the parties to the action, admits its possession in court, he must produce it, and cannot shield himself by a want of service of a subpoena duces tecum, or a notice to produce.

¶2It is the duty of the court to require.its production, in order to determine its materiality as evidence; and it is error to refuse to require its production because it may not then appear to he material evidence!

¶3Judgment reversed.

¶4 Present, Potter, Bockes, and James, JJ.