# People ex rel. Weston v. McClave

> New York Supreme Court · June 6, 1890 · 10 N.Y.S. 764

URL: https://www.frixlaw.com/law-library/cases/5498963

## Case

- **Full name:** People ex rel. Weston v. McClave, Police Commissioners
- **Court:** New York Supreme Court
- **Decided:** June 6, 1890
- **Citations:** 10 N.Y.S. 764; 32 N.Y. St. Rep. 824; 57 Hun 587; 1890 N.Y. Misc. LEXIS 967
- **Precedential status:** Published
- **Opinion:** Concurrence by Brunt
- **Judges:** Brady, Brunt, Daniels
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5498963

## Opinion text

Yah Brunt, P. J.
I do not think that the point as to the relator’s examination is well taken. He did not object upon the ground .that he could not be examined because his testimony might tend to criminate him, but' he simply objected to being examined until a case had been made against him, which objection was properly overruled. If he had objected to being examined upon the ground that his evidence might tend to criminate him, then the question discussed by Mr. Justice Daniels might have arisen, but it does not arise upon this record. I concur in the conclusion arrived at by Mr. Justice Brady.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5498963. Public record. Not legal advice.
