Kalkhoff Co. v. Russian Orthodox St. Nicholas Church

Plaintiff read the direct examination of the Rev. Alexander Hotovitsky from a deposition takeip Before trial, on Behalf of the defendant, By stipulation. As plaintiff was about to read the “ cross-examination,” the court, sustained defendant’s objection thereto on the ground that plaintiff had made this witness his own, and could not, therefore, cross-examine him. Sections 881 and 911 of the Code of Civil Procedure provide that a deposition may Be read in evidence By either party. In Cudlip v. Evening Journal, 180 N. Y. 85, a deposition was taken at defendant’s instance before trial, and the…