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Woods v. De Figaniere

24 N.Y. Super. Ct. 641 1 Rob. 641 Court Heard in general term, before Bosworth, Ch. J. and Moncrief and Robertson, JJ. Decision date 1863-04-25 English

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p. 641
William S. Woods, et al. plaintiffs and respondents, vs. Louis , F. De Figaniere, president, &c. defendant and appellant.

Headnote

It was decided in this case that where a joint stock company were sued in the name of their president, as defendant, he might be examined as “a party.” That the order was not invalid, because the affidavit on which it was obtained did not show that the cause was at issue. That appearing and claiming to be exempt from examination relieved the plaintiff from "the burden of showing that his fees were paid, and that to authorize his punishment for contempt under the Code, it was not necessary to show that the plaintiff was prejudiced by his refusal to attend.
Heard in general term, before Bosworth, Ch. J. and Moncrief and Robertson, JJ.
February 21, 1863;
decided April 25, 1863.

See the points decided in the index to this volume, under the title “ Practice—Examination of Parties.” And see the order and the appeal therefrom, with the opinion of the court at general term,-reported in 16 Abbott’s Pr. 1 ante p. 607.