Legal Opinion
McCullough v. Auditore
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1925PublishedCited by 5 opinions
1Opinion of the Court
Order punishing witness for failure to obey a subpoena affirmed, with ten dollars costs and disbursements, on the opinion of Mr. Justice Cropsey at Special Term.
Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.
The following is the opinion of the court below:
Cropsey, J.
During the pendency of this action, but before it was reached for trial, the plaintiff sought to take the testimony of a witness. He served a subpoena upon the witness and a notice upon defendant’s attorney. The notice complied with the requirements of section 290 of the Civil Practice Act, stating the person before…
2Cases cited4 opinions
- Buehler v. BushAppellate Division of the Supreme Court of the State of New York · 1922
- Lovasz v. FowlerAppellate Division of the Supreme Court of the State of New York · 1924
- Richmond v. JosephthalAppellate Division of the Supreme Court of the State of New York · 1922
- Prankard v. JosephthalNew York Supreme Court · 1922
3Cited by5 opinions
- McCullough v. AuditoreAppellate Division of the Supreme Court of the State of New York · 1926
- Zwerling v. Triangle Sheet Metal Works, Inc.New York Supreme Court · 1958
- Sachs v. StriplingNew York Supreme Court · 1962
- Golden State Co. v. Superior CourtCalifornia Court of Appeal · 1938
- Golden State Co. v. Superior CourtCalifornia Court of Appeal · 1938