97 N.J.L. 412 | N.J. | 1922
The opinion of the court was delivered by
This action was brought in New York and the court of that state issued a commission, on the application of plaintiff, to take testimony in this state before Mr. Banter as commissioner. Under the statute of this state, section 58 relating to evidence (Comp. Stat., p. 2237), upon
The purpose of the act is to secure the testimony of witnesses not Avithin the jurisdiction of the court issuing the commission, and that testimony includes documents, pertinent to the issue, and the word “subpoena,” as used in the statute, AA-as any subpoena necessary to accomplish the intention of the statute. The order is not beyond the jurisdiction of the justice of the Supreme Court conferred by the act. The ease of Stengle v. Stengle. 85 N. J. Eq. 277, is not applicable, for, as the Chancellor observes in that case, letters rogatory are not necessary in a proceeding under the statute above
The second objection is that the order is indefinite as to the documents required which are those that relate to “the issue in the cause.” This must be read in connection with the petition on which the order is based;, and in it the issue, to which the testimony required relates, is the claim of plaintiff that he was engaged in defendant’s interstate business at the time of his injuries, and the subpoena calls for papers bearing on that question. The objection is technical, for defendant well knows what documents it has in its possession relating to the object of the testimony on the question at issue under the commission, which limits the taking of the testimony in the very words of the order objected to.
The rule to show cause will be discharged, with costs.