Rochester Lamp Co. v. Brigham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Rochester Lamp Company, from an order, made at Special Term, denying the plaintiff’s motion to punish the defendant for contempt in failing to appear and be examined as a witness before trial pursuant to an order of the court.
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Appeal by the plaintiff, the Rochester Lamp Company, from an order, made at Special Term, denying the plaintiff’s motion to punish the defendant for contempt in failing to appear and be examined as a witness before trial pursuant to an order of the court. On the 28th of June, 1895, an order was made by a judge of the court requiring the defendant to appear at Chambers on the 8th day of July, 1895, for examination before trial, and to be there examined as a witness at the instance of the plaintiff as to the issues in the action, and directing the order and affidavit on which it was granted to…
1Opinion of the Court
Williams, J.:
The original order for examination was served personally upon the defendant within the State. The court thereupon acquired jurisdiction of the defendant in this particular proceeding, as it already had jurisdiction of him in the action generally. The proceeding for his examination was a proceeding in the action. The •original order, in legal effect, required the defendant to appear and •submit to examination as a witness, not only on the day fixed in the order, but on such other days as the court or judge should, by •adjournment or otherwise, direct.
The examination of the…
2Cases cited1 opinion
- Pitt v. . DavisonNew York Court of Appeals · 1867
3Cited by16 opinions
- In Re Jess Ex Rel. MorelliCalifornia Court of Appeal · 1970
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
- People ex rel. Morse v. NussbaumAppellate Division of the Supreme Court of the State of New York · 1900
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