Jerrells v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah E. J'errells, from an order of the . Supreme Court, made at the Monroe Special Term and entered in the office of the cleric of the county of Monroe on the 21st day of September, 1897, vacating an order granted by the county judge -of Monroe county, which required the defendant Asa F. Perkins to appear before a referee upon a day named, “ for the purpose of being examined pursuant to the provisions of article 1st, title 3, chapter 9 of the Code…
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Appeal by the plaintiff, Sarah E. J'errells, from an order of the . Supreme Court, made at the Monroe Special Term and entered in the office of the cleric of the county of Monroe on the 21st day of September, 1897, vacating an order granted by the county judge -of Monroe county, which required the defendant Asa F. Perkins to appear before a referee upon a day named, “ for the purpose of being examined pursuant to the provisions of article 1st, title 3, chapter 9 of the Code of Civil Procedure, in relation to the examination of witnesses before-trial.” The order also required the defendant…
1Opinion of the Court
Per Curiam :
Section 870 of the Code of Civil Procedure provides that a deposition. of a party to an action may be taken at his own instance, “ or at the instance of an adverse party * * * at any time before the trial, as prescribed in this article.”
Section 872 of the Code of Civil Procedure provides what shall be shown in the application for such an order; and, among other things, in subdivision 4 of that section it is made incumbent upon a party making the application to give the name and residence of *350the person to be examined, and to show “ that the testimony of such person is material and…
2Cases cited1 opinion
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
3Cited by1 opinion
- Hughes v. Peerless Unit Ventilation Co.Appellate Terms of the Supreme Court of New York · 1918