Corbett v. De Comeau
The Superior Court of New York City
Appeal by defendant from order denying Ms motion to vacate an order for Ms examination as an adverse party before trial. TMs was an action by John J. Corbett against Louis I)e Comeau for libel. After service of the summons, but before service of the complaint, the plaintiff obtained an order for defendant’s examination.
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Appeal by defendant from order denying Ms motion to vacate an order for Ms examination as an adverse party before trial. TMs was an action by John J. Corbett against Louis I)e Comeau for libel. After service of the summons, but before service of the complaint, the plaintiff obtained an order for defendant’s examination. Upon the return-day the defendant objected to being sworn, and moved for the vacation of the order, on the ground, among others, that the action being for libel, he could not be compelled to prove against himself the publication of the alleged libel. This motion having been…
1Opinion of the Court
By the Court. — Freedman, J.
The existence of the power to vacate an order made for the examination of a party at the instance of the adverse party, has been so fully shown in Levy v. Loeb,* decided at the present term of this court, that no futher discussion upon that point is necessary here. In so far, therefore, as the denial of the motion was based upon a supposed want of power, it rests upon an erroneous view of the law.
[The learned judge here stated the facts.]
The rule that a witness cannot be compelled to dis*171close any matter which may subject him to a penalty, a forfeiture, or a…
2Cases cited5 opinions
- Bailey v. DeanNew York Supreme Court · 1848
- M'Intyre v. ManciusNew York Supreme Court · 1819
- Lansing v. PineNew York Court of Chancery · 1834
- Leggett v. PostleyNew York Court of Chancery · 1831
- Taylor v. BruenNew York Court of Chancery · 1847
3Cited by4 opinions
- Skinner v. SteeleNew York Supreme Court · 1895
- Andrews v. PrinceNew York Supreme Court · 1883
- Davies v. FishNew York Supreme Court · 1885
- Fluchtwanger v. DessarNew York Supreme Court · 1889