In re Fulton
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. In the matter of the application of Andrew J. Fulton, a person who expects to be a party to an action to be brought, to take the deposition of Oscar T. Sewall. From an order vacating an 'order for examination of Sewall as a witness, Fulton appeals.
1Opinion of the CourtJenks, J.
This is an appeal from an order of the special term (Marean, J., presiding) vacating an order for the examination of a witness. The recital of the first order, after describing the affidavit, reads: “From which affidavit it appears that the deponent expects to be a party to an action in this court to be brought by him against certain persons in said affidavit named, and, there being reasonable ground to believe that such action will be brought as stated in said affidavit, and that said application is made in good faith to preserve the expected testimony, it is ordered,” etc. The ap*117plicant…
2Cases cited9 opinions
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Carter v. GoodNew York Supreme Court · 1890
- In re WeilAppellate Division of the Supreme Court of the State of New York · 1898
- In re BryanThe Superior Court of New York City · 1877
- Williams v. FolsomNew York Supreme Court · 1889
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3Cited by1 opinion
- Packer v. HartAppellate Division of the Supreme Court of the State of New York · 1919