MacDonald v. Hamilton B. Wills & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William B. MacDonald, from an order of the Supreme Court, made at the Erie SpeciaJ Term and entered in the office of the clerk of the county of Erie on the 3d day of November, 1921, setting aside and vacating a notice and subpoena issued under section 290 of the Civil Practice Act in an action commenced before October 1, 1921.
1Opinion of the Court
Hubbs, J.:
Prior to the time when the Civil Practice Act became operative, October 1, 1921, the practice for obtaining the testimony by deposition of a party or witness was prescribed by chapter 9, title 3, article 1, of the Code of Civil Procedure. Under that practice it was necessary to procure an order granting the examination. The order was based upon an affidavit and the practice was very technical and cumbersome. The new Civil Practice Act has simplified the procedure. Under that act a party desiring to obtain by deposition the testimony of an adverse party or other person may proceed in…
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