Legal Opinion

Woods v. De Figaniere

New York Supreme Court

Decided January 15, 1863PublishedCited by 5 opinions

Appeal from an order declaring the defendant in contempt, and directing that his answer be stricken out unless he submitted to examination. This action was brought'by William S. Woods and others against Louis F. De Figaniere, President, &c. The demand in suit was against a joint-stock company, of which the defendant was president. A summons was issued, requiring the defendant to appear and be examined, pursuant to section 391 of the Code.

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Appeal from an order declaring the defendant in contempt, and directing that his answer be stricken out unless he submitted to examination. This action was brought'by William S. Woods and others against Louis F. De Figaniere, President, &c. The demand in suit was against a joint-stock company, of which the defendant was president. A summons was issued, requiring the defendant to appear and be examined, pursuant to section 391 of the Code. The defendant declined to appear, and it was subsequently directed that an attachment issue against defendant, and that his answer be stricken out unless he…

1Opinion of the Court

By the Court.*—Bosworth, Ch. J.

A further consideration of -the subject-matter of this appeal, confirms the convictions formed on the argument before me at special term. In addition to the reasons there assigned for granting the order .appealed- from, the following seem to me to be pertinent and conclusive.

1. The Code declares that “ a party to an action may be examined as a witness, at the instance of the adverse party” (§ 390), and that this may be had at any time before the trial (§ 391).

What does the Code here mean by the words, “ a party to an-action” ? Clearly, it means any and every…

2Cases cited1 opinion

  1. People v. ComptonThe Superior Court of New York City · 1853

3Cited by5 opinions

  1. De Bary v. StanleyNew York Court of Common Pleas · 1874
  2. Goldsmith v. ValentineCourt of Appeals for the D.C. Circuit · 1910
  3. Ammidon v. Century Rubber Co.The Superior Court of the City of New York and Buffalo · 1891
  4. Allen v. McCormickNew York Supreme Court · 1920
  5. Ammidown v. Century Rubber Co.The Superior Court of New York City · 1891

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