 | New York (State) - 1829 - 878 páginas
...or defence of such suit, as the case may be : and, 5. That such witness is about to depart from this state, or that he is so sick or infirm, as to afford reasonable grounds for apprehension that he will not be able to attend the trial of such suit. •order for ox-... | |
 | Elijah Paine - 1830 - 684 páginas
...prosecution or defence of such suit, as the case may be ; and that such witness is about to depart from this state, or that he is so sick or infirm as to afford reasonable grounds for apprehension that he will not be able to attend the trial of such suit. If the officer... | |
 | Nathan Howard (Jr.) - 1851 - 530 páginas
...of witnesses within this state." But under the first article it must appear either that the witness is about to depart from the state, or that he is so sick or infirm as to afford reasonable grounds for appreheasion that he will not be able to attend the trial. If the construction contended... | |
 | New York (State) - 1852 - 606 páginas
...or defence of such suit, as the case may be ; and 5. That such witness is about to depart from this State, or that he is so sick or infirm as to afford reasonable grounds for apprehension, that he will not be able to attend the trial. The time fixed for the examination,... | |
 | New York (State) - 1863 - 944 páginas
...or defence of such suit, as the case may be: and 5. That such witness is about to depart from this state, or that he is so sick or infirm, as to afford reasonable grounds for apprehension that he will not be able to attend the trial of such suit. 2 W., 308; 1 W.,... | |
 | New York (State), John Townshend - 1870 - 896 páginas
...or defense of such suit, as the case may be ; and 5. That such witness is about to depart from this State, or that he is so sick or infirm as to afford reasonable grounds for apprehension that he will not be able to attend the trial. g. The time fixed for the examination,... | |
 | New York (State) - 1876 - 398 páginas
...option of the applicant, the place where he is sojourning, or where he regularly transacts business. 5. That the person to be examined is about to depart...believe, that he will not be able to attend the trial of the action pending, or to be brought, as the case requires. But this subdivision does not apply... | |
 | 1883 - 662 páginas
...section 872, subdivision 6, and section 882 of the Code, the application should show that the witness is about to depart from the State, or that he is so...that he will not be able to attend the trial, or that some other special circumstances exist, requiring .his examination in advance. These other circumstances... | |
 | New York (State), William Wait - 1877 - 662 páginas
...place where he is sojourning, or where he regularly transacts business. 5. If an action is pending, that the person to be examined is about to depart...believe, that he will not be able to attend the trial. But this subdivision does not apply to a case, where the person to be examined is a party to the action.... | |
 | New York (State) - 1877 - 572 páginas
...he regularly transacts business. 5. If an action is pending, that the person to be exam- ABT' K ined is about to depart from the State ; or that he is...believe, that he will not be able to attend the trial. But this subdivision does not apply to a case, where the person to be examined is a party to the action.... | |
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If an action is pending, that the person to be examined is about to depart from the state, or that he is so sick or infirm, as to afford reasonable ground to believe that he will not be able to attend the trial; or that any other special circumstances... 
