People v. Irving
New York Supreme Court
Motion for a mandamus. Application was made to Judge Irving, to summon Robert Sedgwick and Daniel ° . . , , , .. Lord, junior, conformably to the provisions of a statute of this state, authorizing magistrates to take affidavits, to be used as evidence in any other of the United States, when such evidence is admissible, (1 R. L. 49,) to appear before him and make affidavit of all such matters and things as they might know concerning two suits which were stated to be pending…
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Motion for a mandamus. Application was made to Judge Irving, to summon Robert Sedgwick and Daniel ° . . , , , .. Lord, junior, conformably to the provisions of a statute of this state, authorizing magistrates to take affidavits, to be used as evidence in any other of the United States, when such evidence is admissible, (1 R. L. 49,) to appear before him and make affidavit of all such matters and things as they might know concerning two suits which were stated to be pending in a court in Connecticut, between James McCall, plaintiff, and Thomas M. Rogers, defendant, and in which Messrs.…
1Opinion of the Court
By the Court,
Sutherland, J.
When the persons called upon to testify alleged, under oath, that they were the parties in interest, and entitled to the subject matter in controversy in the suits in which their testimony was sought as witnesses, the judge did right to discharge them. A party in interest cannot be compelled to testify without his consent. (See Mauran v. Lamb, 7 Cowen, 174.) The statute under which this proceeding was had, confers power upon magistrates to compel witnesses, but not parties, to testify. It might lead to great abuses, were it permitted thus to compel parties to…
2Cited by5 opinions
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