In re Garvey
Appellate Division of the Supreme Court of the State of New York
•Appeal by James-Duane Livingston from an order of the Supreme Court, made at the ¡New York Special Term, bearing date the 12th day of July, 1898, and entered in the office of the clerk of the county of ¡New York, denying his motion to vacate a subpoena issued by a justice of the Supreme Court, requiring him to appear before a commissioner, appointed in a suit in the Circuit Court of Cook county, Illinois, to be examined as a witness for the defendants ■ therein.
Read the full summary
•Appeal by James-Duane Livingston from an order of the Supreme Court, made at the ¡New York Special Term, bearing date the 12th day of July, 1898, and entered in the office of the clerk of the county of ¡New York, denying his motion to vacate a subpoena issued by a justice of the Supreme Court, requiring him to appear before a commissioner, appointed in a suit in the Circuit Court of Cook county, Illinois, to be examined as a witness for the defendants ■ therein. The commission was sent from Illinois to the respondent Garvey, a notary public in this county and. State. Mr. Garvey employed the…
1Opinion of the Court
Barrett, J.:
The papers which were presented to the justice were sufficient to confer jurisdiction upon that officer to issue the subpoena in question. The witness who was thus required to appear for examination under the foreign comhiission had no standing to question the sufficiency of the proof thus jiresented. So far as he is concerned the statute was complied with and the justice called upon to act when the commission was presented to that officer, with an affidavit which satisfied him that the appellant’s- testimony, was material to his adversary. The “proof by affidavit” of such…
2Cases cited6 opinions
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Belmont v. . CornenNew York Court of Appeals · 1880
- Beall v. DeyNew York Supreme Court · 1832
- Eaton v. NorthNew York Supreme Court · 1850
- Johnson v. LynchThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re LeeNew York Supreme Court · 1903
- In re CanterNew York Supreme Court · 1903
- In re DittmanAppellate Division of the Supreme Court of the State of New York · 1901
- Golden State Co. v. Superior CourtCalifornia Court of Appeal · 1938
- Golden State Co. v. Superior CourtCalifornia Court of Appeal · 1938