60 How. Pr. 154 | New York Court of Common Pleas | 1880
Section 872 of the Code of Civil Procedure, as originally enacted, made no change in the law respecting the perpetuation of testimony, for that section was substantially a re-enactment of article 5, chapter 7, title 3, part 3 of the Revised Statutes. The construction of that article of the Revised Statutes was settled by the adjudications of the old supreme court, of the chancellor and of the present supreme court. It is not necessary to refer more par
The motion to dismiss the order for the examination will be granted; but as the question decided is a new one, no costs will be imposed.