Hewlett v. . Wood
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to suppress the deposition of defendant Samuel Wood, taken on behalf of plaintiff de bene esse.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to suppress the deposition of defendant Samuel Wood, taken on behalf of plaintiff de bene esse. The examination was had before a justice of the Supreme Court; the direct examination was completed and the cross-examination commenced, but, inconsequence of the indisposition of the witness, was postponed from time to time, and the deposition was finally certified to by the judge, returned and filed. Defendants, Samuel A. Wood and others, moved that the…
1Opinion of the CourtAllen, J.
Whether the respondent should be deprived of the benefit of the testimony of the defendant Samuel Wood, examined de bene esse as a witness in his behalf, for the reason that the adverse party has lost the opportunity of a full examination, should be determined at the trial, where an exception can be taken, rather than upon an interlocutory motion. The deposition may, in the discretion of the court, be suppressed, on motion in advance of the trial, if the case falls within the principle, that when an opportunity to cross-examine a witness has been lost through the misconduct of the witness or…
2Cases cited3 opinions
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- AnonymousNew York Court of Appeals · 1874
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