Davis v. Lehigh Valley Railroad

The opinion of the court was delivered by

Bergen, J.

This action was brought in New York and the court of that state issued a commission, on the application of plaintiff, to take testimony in this state before Mr. Banter as commissioner. Under the statute of this state, section 58 relating to evidence (Comp. Stat., p. 2237), upon *413the issuing of such a commission, if any witness named shall lefuse to attend and give testimony, any Supreme Court justice may make an order awarding process of subpoena for such witness to appear before the commissioner and testify. Such course was taken in this case…