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Morrell v. Hoey

24 How. Pr. 48 Court SUPREME COURT. English

Delivered by Ingraham, P. Justice.

Contents

Majority

p. 48
SUPREME COURT.
John H. Morrell agt. E. Hoey.

Headnote

The law as to commissions for the examination of witnesses is not altered by the Code. It is not applicable to witnesses in supplementary proceedings.
New York Special Term,
November, 1862.

The plaintiff moves for a commission to examine a witness in supplementary proceedings. It is concéded that prior to amendment of. the Code, in 1860, such a motion could not be granted. I do not think the amendment to the Code in section 399 alters that rule.

p. 49
That section, as amended, only applies to the examination of the witness, and extends to special proceedings the right to examine a party, as in an action. It does not allow a commission to issue for such purpose. There is no other statute which makes such a commission proper. The Revised Statutes, under which commissions are issued, require issue to be joined. The law as to commission for the examination of witnesses is not altered, either by the amendments of 1860 or 1862. Motion denied.