Lang v. Brown
New York Supreme Court
Appeal from an order made by the county judge of Kings county, dismissing the proceedings instituted to perpetuate the testimony of one Joshua Brown in the, above entitled action. The above entitled action was pending in the Court of Common Pleas for the city and county of New York, and an order was made by the judge of such court, directing Joshua Brown to appear before the county judge of Kings county to be examined, that his testimony might be perpetuated for such action.
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Appeal from an order made by the county judge of Kings county, dismissing the proceedings instituted to perpetuate the testimony of one Joshua Brown in the, above entitled action. The above entitled action was pending in the Court of Common Pleas for the city and county of New York, and an order was made by the judge of such court, directing Joshua Brown to appear before the county judge of Kings county to be examined, that his testimony might be perpetuated for such action. The motion to dismiss the proceedings was made before the county judge of Kings county, on the grounds that the justice…
1Opinion of the Court
Barnard, P. J.:
The judges of the Court of Common Pleas are county judges. (Matter of Morgan, 56 N. Y., 629.) County judges are clothed with the powers which a judge of the Court of Common Pleas, being of the degree of counselor of the Supreme Court and acting as a Supreme Court commissioner, could exercise. (Judiciary act, Laws of 1847, p. 638, § 27.) Such an officer can perform the duties of a Supreme Court justice at chambers.
By the Revised Statutes such an officer can perpetuate testimony. ( 2 R. S. [Edm. ed.], 414, § 33.) In all cases where an application *257is made to an officer authorized…
2Cases cited1 opinion
- Matter of MorganNew York Court of Appeals · 1874