Schwab v. Cohen
City of New York Municipal Court
Decision on motion to set aside examination of witness for alleged error of referee in excluding counsel from the room.
1Opinion of the CourtMcAdam, C. J.
The special duty of counsel is to render aid to the parties and to the court, and the privilege of counsel is accorded to parties as a right in all judicial con-troversies. Cooley on Const. Lim., 330; Weeks on Attorneys, § 184; Constitution of N. Y., art. 1, § 6, 55 N. Y., 31.
How far this rule extends to witnesses examined under supplementary proceedings is the question presented by the present motion. The examination of witnesses in these proceedings is often taken for the sole purpose of obtaining information on which to found an action by the receiver to be appointed or to file a…
2Cases cited3 opinions
- People Ex Rel. Garling v. . Van AllenNew York Court of Appeals · 1873
- Corning v. Tooker & LadueNew York Supreme Court · 1850
- Sandford v. CarrNew York Supreme Court · 1856