Crane v. Evans
New York Supreme Court
Motion on behalf of Kate M. Williams for a commission to take the testimony of the defendant Thomas Evans without the State. The action was brought for the foreclosure of a mortgage, made by David W. Evans, now deceased, and upon a sale under the decree, said Williams became the purchaser of the premises.
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Motion on behalf of Kate M. Williams for a commission to take the testimony of the defendant Thomas Evans without the State. The action was brought for the foreclosure of a mortgage, made by David W. Evans, now deceased, and upon a sale under the decree, said Williams became the purchaser of the premises. She thereafter refused to take the title, and tiled objections thereto with the referee, claiming among other things, that the title was defective, because the wife of the defendant Evans was not made a party defendant to the action. Thereafter she moved to be relieved from her purchase, and…
1Opinion of the Court
Andrews.
“The right of a party to an action to have the evidence of witnesses taken upon commission, and the power of the court to award a commission, depend solely upon the statute” (McCall v. Sun Mutual Ins. Co., 50 N. Y. 332). “ The provisions of the Code of Civil Procedure, in reference to taking depositions out of the State, relate to actions only. The statute which authorizes depositions to be taken without the State, for use within the State, relates to actions only, and neither by its terms nor any implication can it be extended to any other mode or form of proceeding”* (In the Matter…
2Cases cited5 opinions
- Stevens v. LockwoodNew York Supreme Court · 1835
- Paddock v. . KirkhamNew York Court of Appeals · 1886
- McColl v. . Sun Mutual Insurance Co.New York Court of Appeals · 1872
- Stake v. AndreNew York Supreme Court · 1859
- Champlin v. StodartNew York County Court, Erie County · 1880
3Cited by1 opinion
- Gardner v. RoycroftersNew York Supreme Court · 1907