Palmer v. Adams
The Superior Court of New York City
On affidavits of the pendency of a motion in this action, and that it is necessary for, the plaintiff to have the deposition of each defendant, to he used on the motion; that each of them has refused to make his deposition voluntarily, and that each of them resides within the jurisdiction of the court, the court issued a summons requiring each defendant to attend before a judge of the court, to make his said deposition.
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On affidavits of the pendency of a motion in this action, and that it is necessary for, the plaintiff to have the deposition of each defendant, to he used on the motion; that each of them has refused to make his deposition voluntarily, and that each of them resides within the jurisdiction of the court, the court issued a summons requiring each defendant to attend before a judge of the court, to make his said deposition. Each defendant attended, but, on being called upon to be sworn and testify, refused to be sworn, as he was a party to the action, insisting that the court had no power to…
1Opinion of the Court
Bosworth, Ch. Justice.
The statute under which the present proceeding is taken, was passed on the 13th of May, 1840, and is entitled “An act in relation to the Superior Court, and Court of Common Pleas of the city of New York.” (Sess. Laws of 1840, ch. 276, p. 222.)
Section 3 of this act declares that “ where there shall be a motion or proceeding in the said court, in which it shall he necessary for either party to have the deposition of any witness, who may he within the jurisdiction of said court, and who shall have refused to make his deposition voluntarily, the said court may issue a…
2Cases cited2 opinions
- Randon v. TobySupreme Court of the United States · 1851
- Keeler v. Dusenbury & OgdenThe Superior Court of New York City · 1853
3Cited by2 opinions
- Hodgkin v. Atlantic & Pacific RailroadNew York Court of Common Pleas · 1868
- Cockey v. HurdThe Superior Court of New York City · 1873