Keenan v. O'Brien
New York Supreme Court
Appeal from special term, Yew York county. From an order granting leave to issue a commission to examine plaintiff,. John Keenan, who is in Canada, although a resident of this state, John. O’Brien and Heman Clark appeal.
1Opinion of the CourtVan Brtjnt, P. J.
It is apparent that the plaintiff in this action is absent from the state because of the indictments which are pending against him, and is brought directly within the rule laid down in the case of McMonagle v. Conkey, 14 Hun, 326, in which case it was held that, where a plaintiff had fled to Canada to avoid criminal arrest, under the circumstances such plaintiff should not have a commission to examine himself; and where the plaintiff is a fugitive from justice, having gone to Canada to escape trial on an indictment found against him in this state, and is therefore unwilling to submit to the…
2Cited by4 opinions
- Matter of MeyerNew York Court of Appeals · 1913
- In re ByrneNew York Supreme Court · 1890
- James v. PowellAppellate Division of the Supreme Court of the State of New York · 1967
- Fluchtwanger v. DessarNew York Supreme Court · 1889