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13 Johns. 423

Marshall v. Mott

New York Supreme Court

Decided October 15, 1816

New York Supreme Court · decided 1816-10-15

<p>In collateral matters arising In the progress of a suit, as on a motion for a commission to examine witnesses abroad, affidavits taken before magistrates or publicofficer* out of the state, may be read»</p>

Decided 1816-10-15

Per Curiam.

¶1Where the party resides out of the state, we have been liberal in allowing affidavits taken abroad to be read in all collateral matters arising in the progress of a cause. Affidavits taken before the mayor of Philadelphia, before Ame* rican consuls, and other public agents in foreign countries, have been often read in this court, in support of similar applications.

¶2Motion granted.

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