Hyperlawhypertext legal database Brockway v. Stanton 4 N.Y. Super. Ct. 640

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Brockway v. Stanton

4 N.Y. Super. Ct. 640 2 Sandf. 640 Court N.Y. Super. Ct. Decision date 1849-03-17 English

Delivered by Oakley, Ch. J.,

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p. 640
Brockway v. Stanton.

Headnote

A party residing out of the state may be examined as a witness, on a commission, at the instance of the adverse party.
March 17, 1849.
Motion by the defendant, for a commission to examine the plaintiff as a witness; the latter residing in the state of Pennsylvania, more than one hundred miles from this city. It was contended that the code does not authorise such a commission.

after advising with his associates, decided, that as the code provides for the examination of a party as a witness, and that he may be compelled to testify in the same manner as any other witness, either at the trial, or conditionally or on a commission; there is no doubt that the commission ought to issue in this case.