PEOPLE EX REL. GLASIER v. GLASIER


1 Misc.2d 650 (1956)

The People of the State of New York ex rel. Adelaide B. C. Glasier, Relator, v. Henry P. Glasier, Defendant.

Supreme Court, Special Term, Albany County.

January 20, 1956.


Attorney(s) appearing for the Case

Ernest B. Morris for relator.

John J. Clyne for defendant.


HAMM, J.

This is a motion for an examination before trial in a habeas corpus proceeding to inquire into the detention of an infant.

There is no doubt that there is statutory authority for such an examination in special proceedings as well as in actions and that the same statutory rules and principles are applicable. Section 308 of the Civil Practice Act provides: "Testimony may be taken by deposition...

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