The Encyclopaedia of Evidence Volume 3

The Encyclopaedia of Evidence Volume 3

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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. 1904 edition. Excerpt: ... judicial mind to determine whether due diligence had been employed to find the defendants," and consequently that there was jurisdiction to grant the order. Kennedy '0. Insurance Co., 101 N. Y. 487, 5 N. E. 774. The same rule has been applied where the jurisdictional facts were stated upon information and belief. Seiler '0. Wilson, 43 Hun 629; Belmont '0. Corner, 82 N. Y. 256. It is quite clear, therefore. that the general allegation of materiality made in the aflidavit under consideration was sufficient to warrant the issuing of the subpoena, and certainly the witness has thereby been deprived of no substantial right." And see In re Heller, 41 App. Div. G. PUNISHMENT AND Drscnancs.-a. Extent of Punishment to Be Awarded.--The general rule is that a recalcitrant witness may be imprisoned until he consents to answer the questions propounded to him." b. When Entitled to Be Discharged.--Where the proceeding in which the witness was committed is discontinued pending the imprisonment of the recalcitrant witness, he is entitled to be discharged from custody," or where the witness was ordered to pay a fine in addition to being imprisoned, the court may, during the same term of court, remit that portion of the sentence relating to the imposition of the fine." And where the contumacy occurs before the grand j ury," or legislature," the time of imprisonment naturally terminates with the adjournment of such bodies, since their adjournment deprives the witness of an opportunity to comply with the order to testify. 595, 58 N. Y. Supp. 695, to the same effect. Procedure to Compel Testimony Before Commissioner Appointed by Foreign Court.-In In re U. S. Pipe Line Co., 16 App. Div. 188, 44 N. Y. Supp. 7I3, the court...
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Product details

  • Paperback | 486 pages
  • 189 x 246 x 25mm | 862g
  • United States
  • English
  • black & white illustrations
  • 1236967151
  • 9781236967152