Cope v. Sibley
New York Supreme Court
Error to the late court of common, pleas of Monroe county. The action in the court below was tried at the October term thereof, in the year 1844. Upon the trial, the counsel for the plaintiff helow offered in evidence certain depositions of one William R. Patten, a witness residing in the state of Michigan, by virtue of a commission duly issued for that purpose, on interrogatories duly settled by stipulation between the attorneys.
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Error to the late court of common, pleas of Monroe county. The action in the court below was tried at the October term thereof, in the year 1844. Upon the trial, the counsel for the plaintiff helow offered in evidence certain depositions of one William R. Patten, a witness residing in the state of Michigan, by virtue of a commission duly issued for that purpose, on interrogatories duly settled by stipulation between the attorneys. The counsel for the defendant below objected to the reading of the answers to the 7th, 8th and 10th interrogatories, which objections were overruled by the court…
1Opinion of the CourtWelles, P. J.
When depositions taken under a commission are offered to be read on the trial of a cause, every objection to the competency or credibility of the witness, or to the competency or relevancy of any question put to him, or of any answer given by him, may be made in the same manner and with the like effect, as if such witness were personally examined at such trial. (2 R. S. 396, § 23.) In this case, the seventh, eighth and tenth interrogatories, with the answers of the witness to them, were as follows : “ Seventh interrogatory—Do you know of the said David Cope owning, or keeping, or permitting…
2Cited by6 opinions
- State v. OgdenOregon Supreme Court · 1901
- Angell v. RosenburyMichigan Supreme Court · 1864
- Parsons v. HuffSupreme Judicial Court of Maine · 1854
- Bliss v. ShumanSupreme Judicial Court of Maine · 1859
- Thompson v. Van VechtenThe Superior Court of New York City · 1857
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