Erie Railway Co. v. Champlain
New York Supreme Court
Motion by defendants to set aside an order dated the 28th day of March, 1868, appointing Amasa A. Redfield, Esq., referee to take the depositions of Cornelius Vanderbilt and others, to be used upon a motion in this action to suspend Frank Work from his office as director of the Erie Railway Company. The order was granted pursuant to subdivision 7 of section 401 of the Code, upon affidavits that Vanderbilt and the others named in the order had refused to make affidavits.
1Opinion of the CourtBalcom, J.
The plaintiffs’ counsel raises the question that the defendants cannot make this motion, and he insists that such a motion can be made only by the persons whose depositions the referee is required to take. The provision of the Code under which the order was made is: “When any *74party intends to make or oppose a motion in any court of record, and it shall be necessary for him to have the affidavit of any person who shall have refused to make the same, such court may by order appoint a referee to take the affidavit or deposition of such person.” (Code, % 401, sub. 7.) No notice is required to be…
2Cited by2 opinions
- Ramsey v. Erie Railway Co.New York Supreme Court · 1870
- Reynolds v. ParkesNew York Surrogate's Court · 1884