Legal Opinion

Moriarta v. Raymond

New York Supreme Court

Decided May 15, 1907Published

Motion for the issuance of a commission to take the testimony of the wife of defendant, Samuel K. Raymond, upon affidavits showing that she is not within the State of New York and cannot be reached by subpoena.

1Opinion of the CourtRockwood, C. J.

The plaintiff moves for the issuance of a commission to take the testimony of Mrs. Samuel E. Raymond, the wife of the defendant, upon affidavits showing that she is not within the State of New York and cannot be reached by subpoena. The application is opposed upon the claim that the moving affidavits are not sufficient, in that they fail to set forth in detail the facts to which Mrs. Raymond will testify, and also that the affidavit of Frank Raymond should either be attached to the moving papers or its absence accounted for.

Mr. Ostrander, of counsel for the plaintiff, states that he has been…

2Cases cited7 opinions

  1. In re Van NostrandNew York Supreme Court · 1894
  2. Einstein v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Goodyear's India Rubber Glove Manuf'g Co. v. GorhamNew York Supreme Court · 1894
  4. Laidlaw v. StimsonAppellate Division of the Supreme Court of the State of New York · 1902
  5. Orne v. GreeneAppellate Division of the Supreme Court of the State of New York · 1902

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