Parker v. Lythgor
New York Supreme Court
Appeal from special term, New York county. Action by John Parker and another, executors, etc., of James Linden, against Mark Lythgoe and others, impleaded with Jane Smith, brought to obtain a judicial construction of the will of plaintiffs’ testator. Defendants Mark Lythgoe and others appealed from an order granting a commission to examine Jane Smith and other witnesses residing in New Zealand, on interrogatories to be annexed to such commission.
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Appeal from special term, New York county. Action by John Parker and another, executors, etc., of James Linden, against Mark Lythgoe and others, impleaded with Jane Smith, brought to obtain a judicial construction of the will of plaintiffs’ testator. Defendants Mark Lythgoe and others appealed from an order granting a commission to examine Jane Smith and other witnesses residing in New Zealand, on interrogatories to be annexed to such commission. For former report, see ante, 95, 787.
1Per curiam
We think the defendants should not be deprived of the opportunity to give such testimony as they may be able to procure for the purpose of establishing their rights which are sought to be cut off by this action. It may be that in a commission, with interrogatories, the rights of the appellants are not sufficiently protected, as they cannot anticipate the nature of the testimony which will be brought out from the witnesses whom it is sought to examiné upon the part of the defendants. If, therefore, the appellants desire that an open commission should issue for the examination of the witnesses…
2Cited by4 opinions
- Darling v. KlockNew York Supreme Court · 1893
- Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924
- Kaempfer v. GormanNew York Supreme Court · 1892
- Laidley v. RogersNew York Supreme Court · 1893