Wallace v. Blake
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by William Wallace and others againstFrederiek D. Blake and others. From an order directing that a commission issue to take testimony the plaintiffs appeal.
1Opinion of the CourtTruax, J.
The power of the court to issue a commission depends entirely upon sections 887-889 of the Code of Civil Procedure. Before the court *439can issue a commission, the applicant must show that the party to be examined is not within the state, and that his testimony is material. Upon such showing the court may issue the commission to one or more competent persons, to be named in the commission. In the case before us the name of the commissioner was not inserted in the order. The order further provided for the examination of “such other witnesses as the defendants may submit the the names and…
2Cited by1 opinion
- Apollinaris Co. v. VenableNew York Supreme Court · 1890