Legal Opinion

Wennerholm v. Thiberg

New York Supreme Court

Decided September 27, 1954PublishedCited by 5 opinions

1Opinion of the CourtMatthew M. Levy, J.

This is a motion by the plaintiff Wennerholm to take depositions of himself and of certain witnesses in Denmark (by written interrogatories) and for a stay of the trial in the meanwhile.

The defendants urge denial of the motion because they say they want to be confronted upon the trial by the plaintiff and his witnesses in the flesh. The submission of “ live ” evidence, while generally desirable and helpful — as distinguished from recorded testimony — is not a sine qua non in the conduct of a civil trial. That a party-litigant may be enabled to prosecute Ms cause upon the trial by the use of…

2Cited by5 opinions

  1. Dorothea Richmond v. Sherwood BrooksCourt of Appeals for the Second Circuit · 1955
  2. Kall v. KarelasNew York Supreme Court · 1961
  3. Albert v. BankenNew York Supreme Court · 1962
  4. Fabrics Corp. of America v. M. Wile & Co.New York Supreme Court · 1959
  5. General Accident Fire & Life Assurance Corp. v. SebastianNew York Supreme Court · 1958

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