Keeler v. Dusenbury & Ogden
The Superior Court of New York City
The summons in this case was for general relief. The defendants appeared, but no complaint was served. The plaintiff applied under the provisions of the Eevised Statutes, to perpetuate testimony (Part Sd, ch. 7, Tit. 3, art. 5), for an order and summons to examine the defendants, and to compel them to produce certain books and papers in their possession, containing reports and entries concerning the plaintiff’s standing and credit as a merchant.
Read the full summary
The summons in this case was for general relief. The defendants appeared, but no complaint was served. The plaintiff applied under the provisions of the Eevised Statutes, to perpetuate testimony (Part Sd, ch. 7, Tit. 3, art. 5), for an order and summons to examine the defendants, and to compel them to produce certain books and papers in their possession, containing reports and entries concerning the plaintiff’s standing and credit as a merchant. On the day fixed for the examinatión of the defendants under the summons and order, obj ection was made by the counsel for the defendants, that their…
1Opinion of the CourtEmmet, J.
I have looked into this question, and" am of *661opinion that "the objection is well taken. The Code, § 390, provides'for the examination of a party as a witness, either at the trial, or conditionally, or upon commission; and expressly declares (§ 389), that no examination of a party shall be had on behalf of the adverse party, except in one of those modes. The present proceeding is not under the Code, but expressly under the provisions of the Revised Statutes to perpetuate testimony, which never contemplated the examination of a party. The examination of parties as witnesses was not then known…
2Cited by7 opinions
- Palmer v. AdamsThe Superior Court of New York City · 1862
- Stake v. AndreNew York Supreme Court · 1859
- Strong v. StrongThe Superior Court of New York City · 1865
- Hodgkin v. Atlantic & Pacific RailroadNew York Court of Common Pleas · 1868
- Bonnell v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.