Champlin v. Stodart
New York County Court, Erie County
Motion for an order directing a commission to issue to examine witnesses out of the state in proceedings supplementary to execution.
1Opinion of the Court
Hammond, Co. J.
From the papers and facts presented in this case, I am very decidedly of the opinion that this motion is made in the utmost good faith, and the plaintiff should be allowed the order he asks for, and the privilege iff taking the testimony of these witnesses, if the rules and. practice of the court or the enactments of the legislature warrant it.
*379So far as I have been able to find the proposition is a new one, not having been decided in any reported case, whether a commission may issue to take the testimony of a foreign witness in these proceedings.
Prior to the enactment of the…
2Cases cited1 opinion
- In the Matter of an AttorneyNew York Court of Appeals · 1880
3Cited by1 opinion
- Crane v. EvansNew York Supreme Court · 1887