Dent v. Society of the Friars Minor of Order of St. Francis

New York Supreme Court

Dent v. Society of the Friars Minor of Order of St. Francis

16 N.Y.S. 684, 41 N.Y. St. Rep. 472, 1891 N.Y. Misc. LEXIS 2175

CourtNew York Supreme Court

DecidedDecember 14, 1891

StatusPublished

Cited by1 cases

This text of 16 N.Y.S. 684 (Dent v. Society of the Friars Minor of Order of St. Francis) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dent v. Society of the Friars Minor of Order of St. Francis, 16 N.Y.S. 684, 41 N.Y. St. Rep. 472, 1891 N.Y. Misc. LEXIS 2175 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Dykman, J.

This is an appeal from an order of the special term disallowing certain cross-interrogatories to witnesses to be examined on commission, at Rome, in Italy. The action is for the recovery of damages for the deprivation of the plaintiff of his support and maintenance as a priest, and of his rights and privileges as a member of the Custodia of Buffalo of the Order of Friars Minor of the Strict Observance, incorporated as the Society of Friars Minor of the Order of St. Francis; and a perusal of the pleadings shows plainly that the rejected interrogatories are immaterial to any question which can be litigated upon the trial of this action. Under the provisions of the Code¹ either party must be allowed to insert in interrogatories to be annexed to a commission for the examination of witnesses any question pertinent to. the issue which he proposes, and the converse of this rule is easily deduced,— that a party must not be allowed to insert in such interrogatories any question not pertinent to the issue. It is true, the question of relevancy and materiality might be reserved until the trial; but it is equally true that impertinent and irrelevant interrogatories should never be propounded. An, examination of the questions disallowed at the special term shows them to be objectionable in many respects, and we think they were properly rejected. The order should be affirmed, with $10 costs and disbursements.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Dykman, J.

This is an appeal from an order of the special term disallowing certain cross-interrogatories to witnesses to be examined on commission, at Rome, in Italy. The action is for the recovery of damages for the deprivation of the plaintiff of his support and maintenance as a priest, and of his rights and privileges as a member of the Custodia of Buffalo of the Order of Friars Minor of the Strict Observance, incorporated as the Society of Friars Minor of the Order of St. Francis; and a perusal of the pleadings shows plainly that the rejected interrogatories are immaterial to any question which can be litigated upon the trial of this action. Under the provisions of the Code¹ either party must be allowed to insert in interrogatories to be annexed to a commission for the examination of witnesses any question pertinent to. the issue which he proposes, and the converse of this rule is easily deduced,— that a party must not be allowed to insert in such interrogatories any question not pertinent to the issue. It is true, the question of relevancy and materiality might be reserved until the trial; but it is equally true that impertinent and irrelevant interrogatories should never be propounded. An, examination of the questions disallowed at the special term shows them to be objectionable in many respects, and we think they were properly rejected. The order should be affirmed, with $10 costs and disbursements.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

16 N.Y.S. 684, 41 N.Y. St. Rep. 472, 1891 N.Y. Misc. LEXIS 2175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dent-v-society-of-the-friars-minor-of-order-of-st-francis-nysupct-1891.

Opinion

Related

Cite This Page — Counsel Stack