In re White
Appellate Division of the Supreme Court of the State of New York
Appeal by Joel S. De Selding, the proposed witness, and Hamilton H. Salmon, the proposed defendant, from an older of the Supreme Court, made at the Hew York Special Term and entered in the office of the clérk of the county of Hew York on the 25th day of May, 1899, denying their motion to vacate an order for the examination of Joel S. De Selding as a witness prior to the commencement of an action against Hamilton H. Salmon.
1Opinion of the Court
Barrett, J. :
The applicant asserts that his object here is to perpetuate De Selding’s testimony and to use it upon the trial of a contemplated action against Salmon. In this view he fails to state any circum*120stances which render it necessary for his protection that the witness’ testimony should be perpetuated.. This he was required to do by subdivision 6 of section 8.72 of the Code of Civil Procedure. He states certain facts which show that it is very- important he should know what this witness' will testify to, and that he cannot with safety bring an action against Salmon until he is thus…
2Cases cited2 opinions
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Irving v. Superior CourtCalifornia Court of Appeal · 1926
- Ellett v. YoungAppellate Division of the Supreme Court of the State of New York · 1904
- In re BeschNew York Supreme Court · 1910
- In re SingerNew York Supreme Court · 1903