Palmer v. Van Doren
New York Court of Chancery
The bill was filed by the Complainant, John W. Palmer, as a judgment creditor, whose execution had been returned nulla hona,' against the defendant John L. Van Doren. motion was now made “ that the defendant be examined as a witness for the Complainants under such restrictions as the court might think proper to imposeand for other relief.
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The bill was filed by the Complainant, John W. Palmer, as a judgment creditor, whose execution had been returned nulla hona,' against the defendant John L. Van Doren. motion was now made “ that the defendant be examined as a witness for the Complainants under such restrictions as the court might think proper to imposeand for other relief. This motion was based upon an affidavit made by the complainant, wherein he deposed that the defendant was in possession and receipt of a large income; that it was material to the deponent, as he was advised by counsel and believed that the defendant should…
1Opinion of the Court
The Vice-Chancellor:
This is an application to examine a sole defendant in a cause. It is attempted to be founded upon two points: 1. That certain disclosures, relative to the defendant’s income and property, are necessary, before the complainant can furnish his proof; and 2. That as no clue is given, by the answers of the defendant, to the facts which the deponent believes to exist, therefore (and until after an explanation of these) the complainant cannot give a list of his witnesses.
*194Upon the opening of this motion, I considered it to Be $ novel one; because, as Van Doren is the only…
2Cited by5 opinions
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Farley v. BryantSupreme Judicial Court of Maine · 1851
- Browning v. HartNew York Supreme Court · 1849
- Browning v. HartNew York Supreme Court · 1849
- Pingree v. CoffinMassachusetts Supreme Judicial Court · 1858