Bieber-Isaacs Co. v. Philadelphia Fire & Marine Insurance

Rodenbeck, J.:

It is within the discretion of the court to impose terms where the testimony is to be taken orally outside the State. Where the testimony is to be taken pursuant to notice (Civ. Prac. Act, § 290), as in this case, section 291 controls but the power to prescribe terms referred to in section 294 where the testimony is taken pursuant to an order still exists and should apply to the order made on a motion to vacate or modify. Still the power of the court is *495discretionary and pecuniary terms ought not to be imposed except in a meritorious case in the interest of justice. Such a…