Harden v. Hoops
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Percival L. Harden, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 22d day of December, 1909, denying the plaintiff’s' motion for a commission to examine upon written interrogatories certain witnesses without the State.
1Opinion of the Court
Miller, J.:
The moving papers show that the plaintiff wishes to examine the proprietors, managers and bookkeepers of certain hotels in Hew *300Jersey, but only one, Mr. A. B. Hammond, is named. A commission may only issue to take the testimony upon interrogatories of witnesses named therein, and necessarily, therefore, named in the moving papers. (Code Civ. Proc. § 887; Lazarus v. Schroder, 49 App. Div. 393.) The plaintiff also desires to take the depositions of three witnesses, named, residing in Chicago in the State of Illinois. It sufficiently appears that the witnesses named in the moving…
2Cases cited1 opinion
- Lazarus v. SchröderAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Harden v. HoopsAppellate Division of the Supreme Court of the State of New York · 1910