Pooler v. Maples

1 Wend. 65

Opinion

By the Court,

Sutherland, J.

The motion must be granted. Though the domicil of the witness be in this state, he resides out of the state, within the meaning of the statute, which was intended to facilitate the obtaining the testimony of witnesses who were beyond the reach of the process of our courts, and whose personal attendance at the trial could not be enforced.