Richmond v. Josephthal

Kiley, J.:

Section 288 of the Civil Practice Act provides for taking the depositions of parties and witnesses to an action. In the same section and as a part thereof we find the following: “ Any party to such an action also may cause to be so taken the testimony of any other person, which is material and necessary, where such person is about to depart from the State, or is without the State, or resides at a greater distance from the place of trial than one hundred miles,’’ etc. The place of trial of this action is Saratoga county, N. Y. Section 290 of the Civil Practice Act provides that such…