Oakes v. Riter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas B. Biter, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of March, 1907, denying said defendant’s motion for the issuance of a commission to take his testimony upon written interrogatories.
1Opinion of the Court
Clarke, J. :
The defendant Biter is a non-resident of the State of New York and is now without the State, being in the city of Pittsburg, Pa., where lie resides. An issue of fact has been joined and the testimony of the defendant is material. Said defendant applied to the Special Term for an order for the issuance of a commission for the purpose of talcing his testimony to be used upon the trial upon written interrogatories.
The moving papers-set up the necessary facts as prescribed by sections 887 and 888 of the Code of Civil Procedure, and, in addition thereto, that said Biter was seriously…
2Cases cited2 opinions
- Ordway v. RadiganAppellate Division of the Supreme Court of the State of New York · 1906
- Laidlaw v. StimsonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Anchor Realty Co. v. Bankers Trust Co.Appellate Terms of the Supreme Court of New York · 1915
- Estrick v. KobreAppellate Terms of the Supreme Court of New York · 1914
- Fisher v. South Shore Traction CoAppellate Terms of the Supreme Court of New York · 1911
- Zeggio v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1912