thing privilege (New York) · Go Syfert
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thing privilege in New York

7 New York opinions name it 2 courts 1841–1960 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
United States v. Reynoldsgreen
scotus · 1953 · cited in 2 New York opinions naming this issue, 1954–1960
2 sentences

1960In United States v. Reynolds ( 345 U. S. 1, 8 , supra) Virrson, Chief Justice said: “ The court itself must determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect.

1954It is for the court in the fina.1 analysis to “ determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. * * * Where there is a strong showing of necessity [for the precise proof asserted to be confidential], the claim of privilege should not be lightly accepted, but even the most compelling necessity cannot overcome the claim of privilege if the court is ultimately satisfied that military secrets are at stake.” (United States v. Reynolds, 345 U. S. 1, 8,11 , supra.) “ Excl

12
Sammons v. . City of Gloversvillegreen
ny · 1903 · cited in 2 New York opinions naming this issue, 1903–1925
2 sentences

1925The Legislature could not authorize such an injury without requiring payment for the consequences and it has not assumed to do so.” (Sammons v. City of Gloversville, 175 N. Y. 346, 352 .) Nor could Congress lawfully authorize such an injury for such a purpose without requiring payment for the consequences, and as appears from subdivision (c) of section 10 of the Federal Water Power Act, it has not assumed to do so.

1903(Sammons v. City of Glovers-ville, 175 N. Y. 346, 352, and authorities there cited.) In Cogswell v. N. Y., N. H. & H.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Taylor v. Taylor neutral
nyappdiv · 1908
1 sentence

1926The trouble with this contention is that he consented to the very thing which the rule provided should not be done, and no jurisdiction could be conferred upon the court to violate it.” In Taylor v. Taylor ( 123 App. Div. 220 ) the court said: “It seems that resort to this method of proving any material fact, from which an inference establishing the charge of adultery can be drawn, must necessarily be held not permissible, or the rule in regard to the necessity of actual proof of the fact abandoned.

11926–1926
Holmes v. . Davis neutral
ny · 1859
1 sentence

1877(Holmes v. Davis, 19 N. Y., 488-493; Vandevoort v. Gould, 36 id., 639.) Tbe case of Larned v. Hudson (57 id., 151), merely decides tbat a claim of damages for withholding possession is a different thing from a claim to recover mesne profits, and tbat under a mere claim of damages for withholding possession mesne profits cannot be recovered.

11877–1877
Miller v. Franklin neutral
nysupct · 1839
1 sentence

1841This has often been holden in respect to a deed conveying lands and choses in possession ; and in Miller v. Franklin, ( 20 Wendell, 630 ,) the same thing in principle was allowed in respect to an absolute assignment of a chose in action.

11841–1841

Where else courts name it

FL 9 (1986–2019) NY 7 (1841–1960) CA 5 (1992–2023) TX 4 (1911–1985) AZ 3 (2012–2023) OH 3 (1977–1990) MA 2 (1937–1959) UT 2 (2020–2024) MS 2 (1960–1990) LA 2 (1915–1921) GA 2 (1878–2021) VA 2 (1925–2020) MI 2 (1921–1968) OK 2 (1971–1971) TN 2 (1934–1960) PA 2 (1969–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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