Burnell v. Coles
City of New York Municipal Court
Appeal from an order providing for the issuance of an open commission to take the examination of witnesses to be named therein, who may be produced before him. •
1Opinion of the CourtOlcott, J.
This is an appeal by the plaintiff from an order entered upon defendant’s motion, providing for the issuance of an open commission to a commissioner at Boston to take the examination of the witnesses, to be named in said commission, who may he produced before him by the defendant;, .and also, of all witnesses who may be produced by the plaintiff.
The appellant contends that the moving affidavits are- insufficient, that- the commission was desired- for the purpose of seeking. evidence rather than recording it, and that an examination under a commission, with interrogatories would have -…
Also in this document: Concurrence.
2Cases cited4 opinions
- Einstein v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1881
- Lentilhon v. BaconNew York Supreme Court · 1892
- Hart v. Ogdensburg & L. C. RailroadNew York Supreme Court · 1893
3Cited by1 opinion
- Burnell v. ColesCity of New York Municipal Court · 1898