People v. Mutual Gas-light Co.

An order having been made at special term that Alexander Studwell, a director of the defendant corporation, be examined and his deposition taken, pursuant to sections 870 and 873 of the Code, Mr. Studwell now moves to vacate the order on the ground that it was not authorized by the sections referred to. The ground of the objection is that Mr. Studwell is not a party to the action, and his examination would not be an exercise of the right given to have the deposition of a party taken. The objection, if allowable, must necessarily frustrate the statute in every case where a corpo*287ration is the…