Huelin v. Ridner
New York Supreme Court
Motion for a commission. The plaintiffs having obtained an order of arrest, an attachment, and an injunction in this action, the defendants moved, upon affidavits, to vacate those orders.
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Motion for a commission. The plaintiffs having obtained an order of arrest, an attachment, and an injunction in this action, the defendants moved, upon affidavits, to vacate those orders. Before the motion was brought on, and before issue joined in the action, the plaintiffs moved for a commission to examine two of the defendants as witnesses, their testimony to be used upon the motion to vacate, and for an order requiring the same defendants to appear and be examined, under sections 390 and 391 of the Code.
1Opinion of the CourtSutherland, J.
I think the examination of a party, either at the trial, or conditionally, or upon commission, or at any time before trial, under sections 390 and 391 of the Code, must be as to matters pertinent, or supposed to be pertinent, to the trial of the action, and that those sections of the Code do not authorize the examination of the adverse party, in a motion to vacate an order of arrest, or any other mere motion preliminary or collateral to the issue.
By section 389 of the Code, no examination of a party shall be allowed or be had on behalf of the adverse party, except in the manner prescribed in…
2Cited by2 opinions
- Hodgkin v. Atlantic & Pacific RailroadNew York Court of Common Pleas · 1868
- Cockey v. HurdThe Superior Court of New York City · 1873