Murphy v. Sullivan
New York County Courts
Appeal from municipal court of Rochester. Action by D. Murphy against T. J. Sullivan. Judgment for defendant, and plaintiff appeals. Affirmed.
1Opinion of the CourtSutherland, J.
The appeal was based upon the refusal of' the municipal court to issue a second commission to take the testimony of the plaintiff, a resident of Fall River, Mass. The commis•sion was asked for at the close of the defendant’s case. The appli.cation was denied for want of power to grant it, and not as a matter -of discretion. The action was commenced September n, 1900, by service of the summons and verified complaint, upon which judgment was demanded for $26.66 for unpaid rent of a building in Fall River, Mass. A general denial was filed September 18th, on which day a commission was applied for…
2Cases cited2 opinions
- Bigelow v. MalloryNew York Supreme Court · 1859
- Fairbanks v. TregentNew York Supreme Court · 1859
3Cited by1 opinion
- Windheim v. Lafayette Hotel Co.New York Supreme Court · 1921