# Brown v. Russell

> Appellate Division of the Supreme Court of the State of New York · July 1, 1901 · 58 A.D. 218

URL: https://www.frixlaw.com/law-library/cases/5189066

## Case

- **Full name:** Charles E. Brown, Trustee v. John W. Russell and Frances M. R. Wright
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 1, 1901
- **Citations:** 58 A.D. 218
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Rumsey
- **Judges:** Rumsey
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5189066

## Opinion text

Rumsey, J.:
The Code of Civil Procedure (§ 887) regulates strictly these applications and permits them to be granted only when it appears that the witness is not “ within the State.” The fact that it appears only that the proposed witness is a non-resident, while her whereabouts is not stated, is not a compliance with that statute. (Matter of Adams, 31 App. Div. 298 .) For the want of that necessary allegation this order must be affirmed, without prejudice, however, to another application upon proper papers. ■
Order affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., O’Brien, Ingraham and McLaughlin, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5189066. Public record. Not legal advice.