Plato v. Kelly
New York Court of Common Pleas
Appeal from an order directing that the examination of a party under section 391 of the Code be closed. This action w;as brought by Eras tus Plato against John Kelly, sheriff, and Bernard Reilly, to contest a levy Upon certain property under an execution against Kelson Plato.
Read the full summary
Appeal from an order directing that the examination of a party under section 391 of the Code be closed. This action w;as brought by Eras tus Plato against John Kelly, sheriff, and Bernard Reilly, to contest a levy Upon certain property under an execution against Kelson Plato. An order for the examination of the plaintiff as a witness was made under section 391 of the Code, under which the examination of the plaintiff as a witness was commenced on March 21,1861, and continued on various days till May 29, 1862. Upon that day the following question was asked by the defendant’s counsel: “You have…
1Opinion of the CourtBrady, J.
There are two objections to the appeal in this case. The first is that the order made by Judge Hilton has not been entered as required by sections 349 and 350 of the Code, nor has it been served as made. The other is, that the examination of the plaintiff by the defendants is in the nature of a cross-examination. He had already stated his cause of action in the complaint, and the limit of a cross-examination is entirely within the discretion of the judge conducting it. This is an elementary rule, and one founded in good sense and justice. It is *190true that the exercise of the discretion is not…
2Cited by5 opinions
- In re GroutAppellate Division of the Supreme Court of the State of New York · 1905
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Stuart v. AllenWisconsin Supreme Court · 1878
- Hardy v. NortonNew York Supreme Court · 1873
- Ramsey v. GouldNew York Supreme Court · 1871