Legal Opinion

Fairbanks v. Tregent

New York Supreme Court

Decided February 15, 1859PublishedCited by 1 opinion

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…

2Cited by1 opinion

  1. Murphy v. Sullivan, New York County Courts1901

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