People ex rel. Glasier v. Glasier

This is a motion for an examination before trial in a habeas corpus proceeding to inquire into the detention of an infant.

There is no doubt that there is statutory authority for such an examination in special proceedings as well as in actions and that the same statutory rules and principles are applicable. Section 308 of the Civil Practice Act provides: “Testimony may be taken by deposition, under this article, in a special proceeding, or for use in such a proceeding about to be brought, as though the proceeding were an action. ’ ’

At Special Term in the first judicial department the relator…