In re Whitlock
New York Supreme Court
Appeal from special term, New York county. Bache McE. Whitlock appeals from an order of the special term, requiring him to appear before commissioners appointed by the high court of justice in England to take evidence in this state in an action pending before that court, wherein Charles G. Francklyn is plaintiff, and John Walter and George C. Wright, proprietors of the London Times, are defendants. Code Civil Proc.
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Appeal from special term, New York county. Bache McE. Whitlock appeals from an order of the special term, requiring him to appear before commissioners appointed by the high court of justice in England to take evidence in this state in an action pending before that court, wherein Charles G. Francklyn is plaintiff, and John Walter and George C. Wright, proprietors of the London Times, are defendants. Code Civil Proc. N. Y § 915, referred to in the opinion, reads as follows: “Where a commission to take testimony within the state has been issued from the court in which the action, suit, or…
1Opinion of the CourtMacomber, J.
The commission which was issued by the high court of justice in England, to take evidence in the case of Erancklyn vs. The Proprietors of the London Times, authorized the taking of the testimony, viva voce, of the witnesses produced before it by the solicitors or agents of the parties to that action. The action in which such testimony is sought is for libel, for the publication in the London Times of a charge, emanating from Hew York, that the plaintiff in that action, being described as the president of the Howe Silver Mining Company, had been arrested and committed to prison in default of…
2Cases cited1 opinion
- Cunard v. FrancklynNew York Supreme Court · 1888
3Cited by6 opinions
- Dowagiac Mfg. Co. v. LochrenCourt of Appeals for the Eighth Circuit · 1906
- Ex parte SparrowDistrict Court, N.D. Alabama · 1953
- R. & J. DICK CO. v. BassDistrict Court, N.D. Georgia · 1968
- In re the Application for the Issuing of Subpoenas to BushnellNew York Supreme Court · 1897
- Bankers' Money Order Ass'n v. NachodAppellate Division of the Supreme Court of the State of New York · 1907
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