Packard v. Hill
New York Supreme Court
This cause was tried at the last September circuit, on issuesjoined by consent, on all the counts in the declaration, in consequence of the decision, ante, 434, S. 0 At the trial, (which was before Walworth, 0. the plaintiffs offered in evidence the deposition of Heme-of terio Munusuri, a foreigner, taken debene esse, before the recorder of New York, on the 22d day of March, 1826, while the demurrers to all the special counts were pending and undetermined.
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This cause was tried at the last September circuit, on issuesjoined by consent, on all the counts in the declaration, in consequence of the decision, ante, 434, S. 0 At the trial, (which was before Walworth, 0. the plaintiffs offered in evidence the deposition of Heme-of terio Munusuri, a foreigner, taken debene esse, before the recorder of New York, on the 22d day of March, 1826, while the demurrers to all the special counts were pending and undetermined. This was objected to as prematurely * taken, there being no issue of fact at the time on the counts to which it applied. The judge…
1Opinion of the Court
Curia.
One important object of these examinations de bene esse is, to enable the party to secure evidence at any time in the progress of the cause, to be used on the trial, if the witness shall happen then to be without the jurisdiction of the court, or unable to obey its process. The rule would be of but little use if confined to any particular stage of the cause. It is generally applied to secure the testimony of transient or foreign witnesses, who are here accidentally; or come for the purpose of being examined on the request of the party. The deposition may be taken before there is an…
2Cases cited1 opinion
- Mumford v. ChurchNew York Supreme Court · 1799
3Cited by3 opinions
- Vibbard v. Kinser Construction Co.New York Supreme Court · 1910
- Greene v. HerderThe Superior Court of New York City · 1865
- Jacobs v. Mexican Sugar Refining Co.New York Supreme Court · 1904