Pratt v. McKee

Appellate Division of the Supreme Court of New York

Pratt v. McKee

149 N.Y.S. 1107

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1914

StatusPublished

This text of 149 N.Y.S. 1107 (Pratt v. McKee) 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.

Bluebook

Pratt v. McKee, 149 N.Y.S. 1107 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

Order of June 29, 1914, reversed, and stay vacated, without costs. Appeal from order of July 6th, refusing to modify the prior order,~ dismissed, without costs. The removal of defendant Beers to Honolulu since the last trial affords no ground to stay proceedings, or to impose the condition that such defendant shall again acquire a residence address within this state. Such a defendant now living without the state may be examined by deposition under chapter 9, tit. 4, art. 3, of the Code of Civil Procedure; and in a proper case plaintiff could apply for an open commission under section 893 of the Code of Civil Procedure. The trial should not be stayed to compel a defendant to come back and take up his residence in this state, where the course laid down by the Code to take such testimony has not been followed.

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PER CURIAM.

Order of June 29, 1914, reversed, and stay vacated, without costs. Appeal from order of July 6th, refusing to modify the prior order,~ dismissed, without costs. The removal of defendant Beers to Honolulu since the last trial affords no ground to stay proceedings, or to impose the condition that such defendant shall again acquire a residence address within this state. Such a defendant now living without the state may be examined by deposition under chapter 9, tit. 4, art. 3, of the Code of Civil Procedure; and in a proper case plaintiff could apply for an open commission under section 893 of the Code of Civil Procedure. The trial should not be stayed to compel a defendant to come back and take up his residence in this state, where the course laid down by the Code to take such testimony has not been followed.

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Bluebook (online)

149 N.Y.S. 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-mckee-nyappdiv-1914.