Forrest v. Forrest
The Superior Court of New York City
This is an appeal by the defendant from an order made by Mr. Justice Woodruff, on the 25th of June, 1859, denying a motion made, for a commission to examine witnesses on his behalf in California, and for other relief. The motion was made on the petition of the defendant, and affidavits of third persons, and was opposed on affidavits of the plaintiff and others, and upon other papers.
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This is an appeal by the defendant from an order made by Mr. Justice Woodruff, on the 25th of June, 1859, denying a motion made, for a commission to examine witnesses on his behalf in California, and for other relief. The motion was made on the petition of the defendant, and affidavits of third persons, and was opposed on affidavits of the plaintiff and others, and upon other papers. From these papers, it appears that this is an action brought by the plaintiff to obtain a divorce from the defendant. After a trial of the issues of fact and a verdict of a jury in favor of the plaintiff, a…
1Opinion of the Court
The following opinion was delivered in support of the decision made upon such motion:
Woodruff, J.
—The petitioner asks that the plaintiff’s proceedings be stayed; that a commission be issued to California to examine upwards of seventy witnesses, who are named, and such others as the defendant may discover to be material and may desire to examine; that the examination may be conducted orally before the commissioners, the defendant or his counsel attending before the commissioners, and examining the witnesses, with leave to the plaintiff or her counsel to attend and cross-examine.
The facts…
2Cases cited5 opinions
- Pritchard v. HicksNew York Court of Chancery · 1828
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Lawrence v. LawrenceNew York Court of Chancery · 1831
- Shaffer v. WilcoxThe Superior Court of New York City · 1829
- Peckford v. PeckfordNew York Court of Chancery · 1828