In re Whitney

Court for the Trial of Impeachments and Correction of Errors

In re Whitney

4 Hill & Den. 533

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJune 15, 1842

StatusPublished

This text of 4 Hill & Den. 533 (In re Whitney) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Whitney, 4 Hill & Den. 533 (N.Y. Super. Ct. 1842).

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Opinion

By the Court,

Nelson, Ch. J.

The matter in controversy between these parties is not within the statute authorizing the award of a commission to examine witnesses residing out of the state, as there is no action pending in the court and no issue of fact joined. (2 R. S. 393, § 11.) The right to the commission depends altogether upon the statute, no such proceeding being known to the common law. (Tidd, 741; Francis v. Gilmore, 1 Bos. & Pul. 177; 1 Archb. 174.) This case is the same in principle as that of Wood v. Howard Ins. Co., (18 Wend. 646.)

Motion denied.

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By the Court,

Nelson, Ch. J.

The matter in controversy between these parties is not within the statute authorizing the award of a commission to examine witnesses residing out of the state, as there is no action pending in the court and no issue of fact joined. (2 R. S. 393, § 11.) The right to the commission depends altogether upon the statute, no such proceeding being known to the common law. (Tidd, 741; Francis v. Gilmore, 1 Bos. & Pul. 177; 1 Archb. 174.) This case is the same in principle as that of Wood v. Howard Ins. Co., (18 Wend. 646.)

Motion denied.

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Bluebook (online)

4 Hill & Den. 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-whitney-nycterr-1842.