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53 A.D. 384

Powers v. Powers

Appellate Division of the Supreme Court of the State of New York · decided 1900-07-01

Appeal by the defendant, James J..Powers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 23d day of December, 1899, upon the decision of the court, rendered after a trial at the Nassau Special Term.

Decided 1900-07-01

Per Curiam :

¶1This judgment must be reversed and a new trial granted. The action is for separation, and the defendant upon the trial offered as a witness the oldest son of the parties. The learned trial court refused to permit him to be sworn or to give evidence. No legal ground appears for such action, and as the defendant insisted upon his right to have the testimony received as a part of the case, and excepted to the court’s refusal to grant such right, the error is one which requires a reversal of the judgment.

¶2All concurred, except Goodrich, P. J., not voting.

¶3Judgment reversed and new trial granted.

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