3 Johns. 430
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
ON certiorari. The error assigned on the return of the certiorari in this cause, was, that the oath administered to the only witness sworn in the cause, did not correspond with the form required by the act. No objections were raised at the time, to the form in which the oath was administered.
Cited by 1 later decisions — most recently June 1930
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1808-08-15
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¶1By the 16th section of the act of the last session, (Sess. 31. ch. 204.) it is provided, that no omission or misrecital of any oaths prescribed by the act, in the return of any justice to a certiorari, shall be assigned for error, unless it be alleged in the affidavit, on which such certiorari issued, that exception was made to the form of the oath administered at the trial. The judgment below must be affirmed.
¶2Judgment affirmed.