In re Spinks
Appellate Division of the Supreme Court of the State of New York
Appeal by Francis V. Greene and others from an order .of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of May, 1901, denying their motion to vacate and set aside a subpcena theretofore issued in the proceeding, requiring them to appear before a commissioner therein named and be examined as witnesses in favor of the complainant in an action pending in the Court of Chancery, wherein the…
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Appeal by Francis V. Greene and others from an order .of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of May, 1901, denying their motion to vacate and set aside a subpcena theretofore issued in the proceeding, requiring them to appear before a commissioner therein named and be examined as witnesses in favor of the complainant in an action pending in the Court of Chancery, wherein the petitioner, Harry C. Spinks, is the complainant and the National Asphalt Company, the Asphalt Company of America and others…
1Opinion of the Court
Laughlin, J.:
The only 'authority for taking the testimony of a witness in this State, to be used without the State, is that contained in sections 914 and 915 of the Code of Civil Procedure. These sections, so far as material to the case at bar, provide that a party to a suit pending in any court, other than a court of this State, may obtain the testimony of a witness within this State “ to be used in the action, suit or special proceeding ” pending elsewhere, and for that purpose the Supreme or County Court, or a judge of either court, “ shall in a proper case on the presentation of a…
2Cited by3 opinions
- Irving v. Superior CourtCalifornia Court of Appeal · 1926
- In re BernhardAppellate Division of the Supreme Court of the State of New York · 1931
- In re CanterAppellate Division of the Supreme Court of the State of New York · 1903