Deery v. Byrne
Appellate Division of the Supreme Court of the State of New York
Appeal -by the defendants, Elizabeth M. Bryne and others', as executors, etc., from ah 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 2d day of May, 1907, granting plaintiff’s motion that a commission issue to C. O. Templeton, Esq.-, of Tyrone, Penn., to take the depositions of four witnesses whose .names are specified, upon oral questions. • .....
1Opinion of the Court
Laughlin, J.:
This is a. reference by agreement, pursuant to section- 2718’of the Code of Civil Procedure, of a disputed claim against an estate, which makes it an,action in the Supreme Court in which an issue of fact has been joined. The Legislature has expressly prescribed in section 893 of the Code of Civil Procedure that where an issue d • of fact has been joined in an action pending in the Supreme Court a commission may issue by consent of the parties or by order of the court without such consent, to take the depositions of witnesses without the State upon oral questions. The authority to…
2Cases cited2 opinions
- Paddock v. . KirkhamNew York Court of Appeals · 1886
- Ordway v. RadiganAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Branyan v. Koninklijke Luchtvaart MaatschappijDistrict Court, S.D. New York · 1953
- Dayton v. FarmerAppellate Division of the Supreme Court of the State of New York · 1922
- Bator v. Hungarian Commercial Bank of PestNew York Supreme Court · 1949
- Price & Pierce, Ltd. v. Gilson Bros.District Court, E.D. New York · 1932
- Reed v. FennAppellate Division of the Supreme Court of the State of New York · 1910
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