Denny v. Horton
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Sixth Judicial District. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The provisions of the Code which confer upon the district courts the authority to issue commissions for the examination óf witnesses not within the county contemplate that in those courts (§§ 910, 911 and 2986) the commission may be suppressed where it appears by affidavit that it has been improperly or irregularly taken, or for the other causes specified in section 910, and confer upon the court authority to make an order for its suppression on the application of the party aggrieved, upon notice to the adverse party. The 910th and 911th sections of the Code…
2Cases cited2 opinions
- Jackson ex dem. Parker v. HobbyNew York Supreme Court · 1823
- Brown v. SouthworthNew York Court of Chancery · 1841
3Cited by1 opinion
- Smith v. WesterfieldCalifornia Supreme Court · 1891