Stapleton v. Shelle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mazie H. Lá Shelle, a)^ executrix, etc., from .an- order of the Supreme Court, made at the New York Special ■ Term and entered in tbe office of the clerk of the county of New York on the 10th day of December, 1907, granting the "plaintiffs ." motion for the "issuance of a ■ commission to examine a witness ■ without the State. •
1Opinion of the Court
Ingraham, J.:
This is an appeal from an order ■ granting" a motion for a commission, to examine a witness on behalf of the plaintiff in the State of California. ' From the facts that appeared in the moving papers the plaintiif was entitled to the order, the claim of the" defendant being , that she was executrix of the decedent against whom the claim . was presented; had" no knowledge of any "contract between -the plaintiif and her testator; that the witnesses that were to be exam- . ined were hostile witnesses, and that it was quite impossibledor her to frame cross interrogatories, and she,…
2Cited by3 opinions
- Stapleton v. La ShelleAppellate Division of the Supreme Court of the State of New York · 1908
- Commonwealth v. Wanamaker, Pennsylvania Court of Common Pleas, Montgomery County1932
- Stapleton v. La ShelleAppellate Division of the Supreme Court of the State of New York · 1908