State Codes and Statutes

Statutes > New-york > Rpa > Article-3 > 351

§  351.  Evidence  as  to common lands in the city of New York. In any  action or special proceeding involving a question as to the situs of any  lot of the common lands, so-called, in the city of New York,  the  court  may, upon the offer of any party, receive in evidence any evidence which  was  received  in the action heretofore prosecuted in the superior court  of the city of New York, by Russell  D.  Miner,  and  continued  by  the  personal representatives of the same Russell D. Miner, deceased, against  the  city  of  New  York, or in the action in such court between certain  heirs at law of the same Russell D. Miner, deceased, and  Jacob  Scholle  and  others,  and  also  the  deposition  of  Isaac T. Ludlam, deceased,  verified before E. Henry Lacombe, as referee, upon the fourteenth day of  November, eighteen hundred seventy-eight, in an action in such court  by  Hester Sherman and others, against Thomas Kane and others; provided that  the testimony of a witness shall not be admissible, under the provisions  of  this  section  until  the  court  is satisfied that such witness has  heretofore died; and provided further, that no provision of this section  shall give to any documentary evidence introduced in connection with any  former testimony any greater or different effect than may be due  to  it  by  reason  of  the  testimony  relative  thereto.  Such evidence may be  introduced in any mode established by the practice of the courts for the  introduction of testimony given upon a former trial, by  a  witness  who  has  since  died,  or  by  reading  from  the  printed  cases on appeal,  heretofore filed in the office of the clerk of the superior court of the  city of New York.

State Codes and Statutes

Statutes > New-york > Rpa > Article-3 > 351

§  351.  Evidence  as  to common lands in the city of New York. In any  action or special proceeding involving a question as to the situs of any  lot of the common lands, so-called, in the city of New York,  the  court  may, upon the offer of any party, receive in evidence any evidence which  was  received  in the action heretofore prosecuted in the superior court  of the city of New York, by Russell  D.  Miner,  and  continued  by  the  personal representatives of the same Russell D. Miner, deceased, against  the  city  of  New  York, or in the action in such court between certain  heirs at law of the same Russell D. Miner, deceased, and  Jacob  Scholle  and  others,  and  also  the  deposition  of  Isaac T. Ludlam, deceased,  verified before E. Henry Lacombe, as referee, upon the fourteenth day of  November, eighteen hundred seventy-eight, in an action in such court  by  Hester Sherman and others, against Thomas Kane and others; provided that  the testimony of a witness shall not be admissible, under the provisions  of  this  section  until  the  court  is satisfied that such witness has  heretofore died; and provided further, that no provision of this section  shall give to any documentary evidence introduced in connection with any  former testimony any greater or different effect than may be due  to  it  by  reason  of  the  testimony  relative  thereto.  Such evidence may be  introduced in any mode established by the practice of the courts for the  introduction of testimony given upon a former trial, by  a  witness  who  has  since  died,  or  by  reading  from  the  printed  cases on appeal,  heretofore filed in the office of the clerk of the superior court of the  city of New York.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-3 > 351

§  351.  Evidence  as  to common lands in the city of New York. In any  action or special proceeding involving a question as to the situs of any  lot of the common lands, so-called, in the city of New York,  the  court  may, upon the offer of any party, receive in evidence any evidence which  was  received  in the action heretofore prosecuted in the superior court  of the city of New York, by Russell  D.  Miner,  and  continued  by  the  personal representatives of the same Russell D. Miner, deceased, against  the  city  of  New  York, or in the action in such court between certain  heirs at law of the same Russell D. Miner, deceased, and  Jacob  Scholle  and  others,  and  also  the  deposition  of  Isaac T. Ludlam, deceased,  verified before E. Henry Lacombe, as referee, upon the fourteenth day of  November, eighteen hundred seventy-eight, in an action in such court  by  Hester Sherman and others, against Thomas Kane and others; provided that  the testimony of a witness shall not be admissible, under the provisions  of  this  section  until  the  court  is satisfied that such witness has  heretofore died; and provided further, that no provision of this section  shall give to any documentary evidence introduced in connection with any  former testimony any greater or different effect than may be due  to  it  by  reason  of  the  testimony  relative  thereto.  Such evidence may be  introduced in any mode established by the practice of the courts for the  introduction of testimony given upon a former trial, by  a  witness  who  has  since  died,  or  by  reading  from  the  printed  cases on appeal,  heretofore filed in the office of the clerk of the superior court of the  city of New York.

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