Gowans v. Jobbins
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Erie County. Action by John Gowans añd others against Frances H. Jobbins, as ancillary executrix of William F. Jobbins, deceased. From an order directing that open commissions issue to take testimony of foreign witnesses in behalf of defendant, plaintiffs appeal.
1Per curiam
The order, as amended upon this appeal, will provide that the actual expenses incurred by one of the attorneys for the plaintiffs in attending the examinations before the commissioners of the witnesses produced on behalf of the defendant are to be paid by the defendant, and also a per diem allowance, not exceeding $20, for the time such attorney is necessarily absent from home, attending such examinations. Said expenses and allowance are to be taxed before a Justice of the Supreme Court on three days’ notice. The payment thereof is to be made within 10 days after said taxation. The defendant…
2Cited by2 opinions
- A. E. Nettleton Co. v. StoryNew York Supreme Court · 1923
- Reed v. FennAppellate Division of the Supreme Court of the State of New York · 1910