Brown v. Russell
This text of 68 N.Y.S. 755 (Brown v. Russell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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68 N.Y.S. 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-russell-nyappdiv-1901.