1 Wend. 18
Decided May 15, 1828
New York Supreme Court · decided 1828-05-15
Commission to take testimony. Action, assumpsit for goods sold in Boston. The cause is not at issue, nor is the defendant’s default for not pleading entered. A motion is made for a commission to take the testimony of a witness residing in Boston, to be used on the executing of a writ of inquiry of damages.
Decided 1828-05-15
¶1By the Court,
¶2The statute allowing commissions to take testimony, does not confine the power of courts in granting them to cases where issues are joined; but extends to every case depending in the courts of record, without regard to the state of the pleadings. The motion is granted.