Fairbanks v. Tregent
New York Supreme Court
Appeal from an order granting a commission to examine the defendant on his own behalf. The decision of the special term allowing the commission is reported 1 Ante, 21.
1Opinion of the Court
By the Court.—Roosevelt, J.
The Code provides that a party to an action or proceeding may be examined as a witness in his own behalf, the same as any other witness. As non-resident witnesses generally may have their testimony taken by commission or written interrogatories and cross-interrogatories, without the necessity of personal attendance in court, it is insisted that, under the language above quoted, the same rule applies to non-resident parties. It is undoubtedly true, that the clause in which the above provision occurs, contains no limitation as to non-residence, while it does contain…