The Edison Manufacturing Co., Resp’t, v. Rowland N. Hazard, impl’d, App’lt.
(New York Superior Court,
General Term,
Filed April 10, 1890.)
Depositions—Examination before trial.
It is not a fatal objection to an order for the examination of a defendant before trial that the examination may call for testimony subjecting him to a statutory penalty. Any claim as to privilege may be determined on the examination when his rights will be protected.
Appeal by defendant from order denying his motion to set aside an order for his examination before trial.
Alhertus Perry, for app’lt; P. Q. Echerson, for resp’t
*810Per Curiam.
The objection taken to the order for defendant’s examination was that the proposed examination might call for testimony that could be used to subject the defendant to a statutory penalty. The order confined the examination by such limits that it cannot now be said that the apprehended result must happen.
In this case it is best that any claim as to a privilege by defendant against inculpating himself be determined upon the examination, when his rights will be completely protected.
Order affirmed, with ten dollars costs.
Sedgwick, Ch. J., and Dugro, J., concur.