Stake v. Andre

The plaintiff, having a judgment against the defendants, has given notice of a motion to set aside a prior judgment against the defendants in favor of another person; and. the court, upon an ex parte application of the plaintiff in the prior judgment, founded upon an affidavit, has granted an order for a commission to take the testimony of the moving party in the motion, to be used on the hearing, under which a commission has been issued. It is now asked that the order and commission be set aside as unauthorized.

The Revised Statutes (2 Rev. Stats., 1st ed., 554, §§ 24, 25) contain provisions…