Opinion

Ryan v. . the People

  • 79 N.Y. 593
  • 1880 N.Y. LEXIS 37
Court
New York Court of Appeals
Filed
Jan 27, 1880
Status
Published
Author
Eael
On the bench
Church, Folgee, Eael
Cited by
34 cases
Authority
More cited than 13.3%

The opinion

Folgee and Eael, JJ.,

concurred in the result, only ; thinking that in the law of evidence of this State, it had been settled that the trial court may, in its discretion, alloAV the questions put to Ford and Butler on cross-examination and discussed by the chief judge in his opinion. See Southworth v. Bennett ( 58 N. Y., 659 ), wdiere it was said by Johnson, J., in an opinion (in MSS.) concurred in per totarn curiam: “The question put by the defendant’s counsel to the plaintiff, Avhether he Avas not then under indictment for usury, seems to have been one of those depreciatory questions which, although not relevant to the issue, a judge may, in his discretion,, allorv to be put on cross-examination.

*602 After considerable discussion in this State, the constant practice at Circuit and the decisions in Brandon v. People ( 42 N. Y., 265 ); People v. Gay (7 id., 378 ), and Lipe v. Eisenlord (32 id., 229), seem to leave no doubt that the allowance of such questions rests in the discretion of the court.” Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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