Franklin v. United Insurance
New York Supreme Court
Troup, for the defendants, moved for a commission to examine witnesses, at Porto Bello, on a general affidavit, that it was supposed sufficient evidence might there be obtained.
1Per curiam
The defendants have not brought themselves within the provisions of the act on this subject. They ought at least to have shown, that material evidence exists in the place to which the commission is to be sent. It is an application for a commission to hunt for testimony.
Motion denied.(b)(b) “An application for a commission is a non-enumerated motion; 2 Caines, 260 ; and must be founded on an affidavit, stating that the cause is at issue, or that interlocutory judgment has been entered, as the case may be. It must likewise state the names of the witnesses; 2 Johns Cas. 68, 285 ; and that they…
2Cases cited5 opinions
- Beall v. DeyNew York Supreme Court · 1832
- Pooler v. MaplesNew York Supreme Court · 1828
- Shaffer v. WilcoxThe Superior Court of New York City · 1829
- Franklin v. United InsuranceNew York Supreme Court · 1801
- Warner v. HarveyNew York Supreme Court · 1832
3Cited by1 opinion
- McColl v. Sun Mutual Insurance Co.New York Court of Appeals · 1872