McColl v. Sun Mutual Insurance Co.
New York Court of Appeals
Appeal from an order of the New York superior court, This action was tried by the court and a jury, and resulted in, a verdict for the plaintiff, upon which a j udgment was entered on the first day of February, 1870. The defendants appealed to the general term, and the appeal is now pending.
Read the full summary
Appeal from an order of the New York superior court, This action was tried by the court and a jury, and resulted in, a verdict for the plaintiff, upon which a j udgment was entered on the first day of February, 1870. The defendants appealed to the general term, and the appeal is now pending. Another action by the same plaintiff against the Harmony Insurance Company to recover on another policy for the same loss was pending and untried, when in May, 1870, the plaintiff applied to the special term for a commission to issue to examine witnesses in both actions, and an order made allowing the…
1Opinion of the Court
Judge Monell delivered the opinion as follows:
By the court: Monell, J.
This appeal presents the
novel question: Whether an order allowing a commission for the examination-of foreign witnesses can be issued after the trial and judgment in the action? There was no com*453mon law right to take the deposition of a witness out of the State to be read at the trial. Parties in civil actions had the right to have the witnesses give their testimony in the view and presence of the court and jury. But it is provided by statute that the court may award a commission to examine a foreign witness upon…
2Cases cited19 opinions
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- White v. MunroeNew York Supreme Court · 1861
- Russell v. . ConnNew York Court of Appeals · 1859
14 more not listed; retrieve them via the Exa API.