Stuart v. Spofford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul N. Spofford, 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 16th day of 'July, 1907, directing that a commission issue to take the testimony of William 0¿ Clopton as a witness on behalf of the plaintiffs.
1Opinion of the Court
Ingraham, J.:
This order, so far as it allows the examination of one of the plaintiffs upon oral questions, violates, section 895 of the Code of Civil Procedure. It is there expressly provided that a commission to examine wholly or partly upon oral questions cannot be issued where the Witness to be examined is a party to the action, and is making the application on his own behalf, except by consent of the parties (Ordway v. Radigan, 114 App. Div. 538); and the provision that the witness is to be examined “ upon such oral questions at said examination as the counsel for the plaintiffs and the…
2Cases cited1 opinion
- Ordway v. RadiganAppellate Division of the Supreme Court of the State of New York · 1906