Bigelow v. Mallory
New York Supreme Court
This is an appeal by the defendant from an order granted by Mr. Justice Gould, allowing a commission to issue to examine the plaintiff as a witness in his own behalf. The action is brought to recover the amount of a promissory note, and is ■ pending in the supreme court of this state in Rensselaer county. The plaintiff resides in Wisconsin.
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This is an appeal by the defendant from an order granted by Mr. Justice Gould, allowing a commission to issue to examine the plaintiff as a witness in his own behalf. The action is brought to recover the amount of a promissory note, and is ■ pending in the supreme court of this state in Rensselaer county. The plaintiff resides in Wisconsin. Notice of his intended examination, and of the points to which he is to be examined, having been duly given, and circumstances shown making it probable that his personal attendance could not be procured at the trial, an application was made in the usual…
1Opinion of the Court
By the court—Hogeboom, Justice.
The question presented in this case has been decided adversely to the plaintiff by the general term of the first district, reversing the decision of Justice Lott (Fairbanks agt. Tregent, 16 How. 187), authorizing a commission to issue under circumstances like the present— but the decision has been so recently made, and only during the pendency of this appeal, that it cannot be said to have passed into an authoritative precedent, and, as the question is of some interest as a point of practice, I think-we may consider it on principle.
Two objections are made to the…
2Cases cited3 opinions
- CROSS v. HarrisonSupreme Court of the United States · 1854
- Burling v. OgdenThe Superior Court of New York City · 1857
- Shufelt v. PowerNew York Supreme Court · 1854