Clark v. Brooks
New York Court of Common Pleas
Motion by plaintiff for an attachment for contempt against a witness called on the part of the plaintiff, for refusing to testify in an action.
1Opinion of the CourtCardozo, J.
I have examined, as carefully as possible, within the brief interval since the argument, yesterday, the questions arising in this matter, and will proceed, though necessarily hastily and imperfectly, to express the results of my reflections.
I see no reason to hold that the Code (§ 401), as amended in 1862, repeals the act of 1840. It seems to me that the object of the Code was to confer on the court an additional power, which, without that section, it would not possess, to send the witness before a referee instead of having the examination conducted before a judge.
Under the act of 1840, the…
2Cited by2 opinions
- Hodgskin v. Atlantic & Pacific RailroadNew York Court of Common Pleas · 1869
- People ex rel. Roache v. HanburyNew York Supreme Court · 1913