Stapleton v. La Shelle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Stapleton, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of. New York.on the 24th day of June, 1907. . •
1Opinion of the Court
Clarke, J.:
This is an appeal from, an order vacating an order for the examination of a witness before trial. ■ Section 871 of the Code of Civil Procedure provides that “ the deposition of a person not a party,whose testimony is material and necessary to a party to an action pending in a court of record, * * * may also be taken as prescribed in this article.” Section 872 provides that the affidavit to be presented to the judge should, among other things, set forth as follows: “5. If an action is pending, ,thaü the person to be examined is about to 'depart from the State,1 or that he is so sick…
2Cases cited1 opinion
- Stapleton v. ShelleAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Klaw v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Rudini v. North British & Mercantile InsuranceCity of New York Municipal Court · 1915