Legal Opinion

Dayton v. Farmer

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1922PublishedCited by 6 opinions

Appeal by the defendant, Grace G. Farmer, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 6th day of March, 1922, ordering the taking of depositions on notice by the plaintiff.

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Appeal by the defendant, Grace G. Farmer, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 6th day of March, 1922, ordering the taking of depositions on notice by the plaintiff. Appeal by the plaintiff, James C. Dayton, from so much of said order as requires the plaintiff to pay to the defendant $100 or any sum or sums in full for the expenses and counsel fees of defendant’s attorneys in attending the taking of depositions of witnesses in Florida.

1Opinion of the Court

Kruse, P. J.:

The plaintiff, desiring to obtain the testimony of certain witnesses in the State of Florida, gave notice of the taking of such testimony in that State, as provided by section 290 of the Civil Practice Act. Thereupon the defendant, pursuant to section 291 of the Civil Practice Act, obtained an order to show cause at Special Term why such notice should not be vacated or modified and the testimony taken upon written interrogatories, or be granted upon condition that the testimony be taken only upon payment by plaintiff of the necessary traveling expenses of an attorney for the…

2Cases cited2 opinions

  1. Deery v. ByrneAppellate Division of the Supreme Court of the State of New York · 1907
  2. Reed v. FennAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by6 opinions

  1. Bieber-Isaacs Co. v. Philadelphia Fire & Marine InsuranceNew York Supreme Court · 1925
  2. Corrao v. Howard Sober, Inc.New York Supreme Court · 1958
  3. Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924
  4. Richter v. 44 West 175th Street Corp.City of New York Municipal Court · 1937
  5. Brohm v. KaplanAppellate Division of the Supreme Court of the State of New York · 1938

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