Boyes v. Bossard
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by Louis F. Boyes and another, as executors of the will of August Bossard, deceased, against Julie Bossard and others, impleaded with others. From an order denying a motion for the issuance of a commission to a proper person in Switzerland for the purpose of the examination of certain witnesses in that country, defendants appeal Reversed.
1Opinion of the CourtHooker, J.
The plaintiffs, as executors of the last will and testament of August Bossard, deceased, have brought their action, demanding a judicial construction of that instrument. The defendants Bossard, Koch, and the towns of Mandach, Hottwyl, and Zofingen have answered, and alleged certain facts, which, in their opinion, the court should consider in determining the effect to be given to the will. These defendants moved at Special Term for a commission, which it was proposed should issue to some proper person in the republic of Switzerland for the purpose of the examination of certain witnesses in…
2Cases cited1 opinion
- Laidlaw v. StimsonAppellate Division of the Supreme Court of the State of New York · 1902