The Law and Practice of the District Courts of the City of New York; With the Divisions and Boundaries of the Wards and Judicial Districts. the Laws Relating to City Marshals. Statutory Amendments and Notes of Latest Decisions to October (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...transacts business. 5. 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 exist which render it proper that he should be examined as prescribed in this article; but this subdivision does not apply to a case where the person to be examined is a party to the action. 6. If no action is pending, that the person expected to be the adverse party is of full age, and a resident of the State, or sojourning within the State, or that he has an oflice within the State where he regularly transacts business in person, specifying the place, and, if it is in a city, the street and street number or other designation of the particular locality; or, if two or more persons are expected to be adverse parties, that each is of full age, and so resident or sojourning, or has such an oflice; also the circumstances which render it necessary for the protection of the applicant's right that the witness's testimony should be perpetuated. 7. Any other fact necessary to show that the case comes within one of the last two sections, and if the party sought to be examined is a corporation, the aflidavit shall state the name of the oflicers or directors thereof, or any of them, whose testimony is necessary and material, or the books and papers as to the contents of which an examination or inspection is desired, and the order to be made in respect thereto shall direct the examination of such persons and the production of such books and papers. Affidavit must conform strictly to section 872 in all matters of substance, although a trifling change of expression will...