Israel v. Israel
Appellate Division of the Supreme Court of the State of New York
Appeal by Abraham Israel, the plaintiff in the-first above-entitled action, and the defendant in the second above-entitled action, from an order of the Supreme Court in each of said actions, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 18th day of September, 1899, denying his motion to file, nuno pro tuno, the deposition of a witness taken de bene esse.
1Opinion of the Court
McLaughlin. J.:
These actions were brought, the former to procure an absolute divorce, and the latter for a separation.
After issue had been joined in both of them the husband applied for and obtained an order to take the testimony of a witness who was about to leave the State. The testimony of this witness was duly taken and certified by the referee appointed to take it.
The attorney for. the husband, through inadvertence, failed to file the deposition in the office of the clerk of the county in which the action was pending within ten days after the'same had been certified by the referee, as…
2Cited by2 opinions
- Lowther v. SullivanCity of New York Municipal Court · 1909
- Bakal v. S. Rosenfelder & Son, Inc.City of New York Municipal Court · 1933