Legal Opinion

In re Besch

New York Supreme Court

Decided March 15, 1910Published

Application by Joseph Besch for the examination of Horatio M. Pollock as a witness in an expected action. On motion to vacate the order directing the examination.

1Opinion of the CourtChester, J.

The respondent moves to vacate an order, heretofore granted, requiring him to appear before a referee for examination as a witness in an actiqn about to be brought. In the order it is recited that an action is about to be brought against him, and that his examination is to preserve his testimony, and to ascertain the name *770or names of the remaining proper persons to be made defendants in the action. In the affidavit made by the applicant, upon which the order is based, it appears that the proposed action is one for libel for having delivered to one.Bates, a representative of the Albany Evening…

2Cases cited10 opinions

  1. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  2. In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. In re NolanNew York Supreme Court · 1893
  4. In re WeilAppellate Division of the Supreme Court of the State of New York · 1898
  5. In re SchlottererAppellate Division of the Supreme Court of the State of New York · 1905

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