Morse v. Grimke
City of New York Municipal Court
Action by Frank E. Morse against William H. Grimke. Defendant moves for the examination of witnesses resident without the state.
1Opinion of the CourtMcAdam, C. J.
Where the moving affidavits comply with the requirements of the Code, a commission to examine witnesses not within the state ought to be granted almost as of course. Indeed, the Code provides that the application must be granted, unless there is reason to believe that the application is not made in good faith. Code, §§ 888, 889. If the answer sets forth a meritorious defense, and the evidence is material to its support, it would seem like abuse of power to refuse the application. Every litigant is entitled tó use every lawful means for securing the attendance of his. witnesses, or the…
2Cases cited2 opinions
- Rogers v. RogersNew York Supreme Court · 1832
- La Farge v. LuceNew York Supreme Court · 1829
3Cited by2 opinions
- State ex rel. Holcomb v. District CourtMontana Supreme Court · 1918
- Vetter's EstatePennsylvania Orphans' Court, Philadelphia County · 1929