People ex rel. Valiente v. Dyckman
The Superior Court of New York City
Appeal from an order made at special term adjudging the defendant guilty of a contempt, and directing an attachment for his commitment to issue. The defendant was under examination as a witness, upon a subpoena duces tecum, on the part of the plaintiff, before trial, under section 391 of the Code.
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Appeal from an order made at special term adjudging the defendant guilty of a contempt, and directing an attachment for his commitment to issue. The defendant was under examination as a witness, upon a subpoena duces tecum, on the part of the plaintiff, before trial, under section 391 of the Code. The witness produced, under the subpoena, a certain book, which he testified contained charges made by Way dell & Co., for cooperage on the first shipment of cigars referred to in the pleadings, and which the witness testified he had paid. The witness pointed out to the plaintiff’s counsel the…
1Opinion of the Court
By the court, Monell, J.
The order appealed from, and all the proceedings subsequent to the refusal of the witness to answer, are so clearly irregular, that we might well dispose of the question on that ground, without looking into the merits.
The examination was of a party, at the instance of the adverse party, before trial. Such examination, though absolute, is conducted in all respects in the same manner as a witness examined conditionally under art. 2, title 3, chap. *7 of part 3 of the Revised Statutes. Section 61 of that title provides, that if any witness attending before any judge,…
2Cited by7 opinions
- McGuffin v. DinsmoreThe Superior Court of New York City · 1878
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Stuart v. AllenWisconsin Supreme Court · 1878
- De Bary v. StanleyNew York Court of Common Pleas · 1874
- Smith v. MacDonaldThe Superior Court of New York City · 1876
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