Ely v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. Caryl Ely, from an order of the Supreme Court, made at the Erie Special Term and entered ih the office of the clerk of the county of Erie on. the 24th day of January, 1908, vacating a prior order requiring the defendant Clarence W. Cady to appear before a referee for examination for the purpose of enabling the plaintiff to frame his complaint.
1Opinion of the Court
Williams, J.:
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
The specific ground upon which the order was vacated was that the party sought to be examined would not be obliged to testify with reference to matters about which plaintiff desired to examine him; that there was a privilege inasmuch as his answers might tend to criminate him.
We think this was not a sufficient reason for making the order appealed from. The privilege may not be insisted np.on when the party is called to answer, and as to some or all of the matters,…
2Cases cited1 opinion
- Ryan v. ReaganAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Bioren v. Canadian Mines Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Tobias v. North American Importing Co.New York Supreme Court · 1928
- Smart Set Shirt Co. v. RobertsAppellate Terms of the Supreme Court of New York · 1916