Wainwright v. Low
New York Supreme Court
Appeal from special term, Kings county; Willard Bartlett, Justice. Motion for a commission to take the testimony of plaintiff and two others in Sheffield, England. Defendants asked leave to cross-examine witnesses orally.
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Appeal from special term, Kings county; Willard Bartlett, Justice. Motion for a commission to take the testimony of plaintiff and two others in Sheffield, England. Defendants asked leave to cross-examine witnesses orally. The justice denied this request on the ground of lack of power, referring to Code Civil Proc. § 895, which declares that sections 893 and 894, which provide for the issuing of commissions to examine witnesses upon oral questions, open commissions, and ,the taking of depositions, are not applicable where the adverse party is an infant' or the committee of a lunátie, idiot, or…
1Opinion of the CourtPratt, J.
Commissions to examine witnesses upon interrogatories are to be granted “upon such terms as justice may require. ” Code Civil Proc. § 889. These terms may well be, in a proper case, that the witnesses shall be subjected to an oral cross-examination. The court has, therefore, power to annex such a condition to the order allowing the commission; and where a party is to be examined in his own behalf a proper case would seem to be presented. To hold that section 895 deprives the court of the power to annex such condition in a proper ease would involve as a consequence that the interests of…
2Cited by2 opinions
- Keenan v. O'BrienNew York Supreme Court · 1889
- Laidley v. RogersNew York Supreme Court · 1893