Opinion

Brown v. Russell

  • 68 N.Y.S. 755
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 25, 1901
Status
Published
Author
Rumsey
On the bench
Rumsey
Cited by
0 cases
Authority
More cited than 23.8%

The opinion

RUMSEY, J.

The Code of Civil Procedure (section 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 nonresident, while her whereabouts is not stated, is not a compliance with that statute. In re Adams, 31 App. Div. 298 , 52 N. Y. Supp. 617 . For the want of that necessary allegation, this order must be affirmed, without prejudice, however, to another application upon proper papers. Order affirmed, with $10 costs and disbursements. All concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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