Uline v. New York Central & Hudson River Railroad
New York Court of Appeals
These were cross-appeals from an order of General Term of the ■ Supreme Court, in the third judicial department, affirming in part, and reversing in part, a decision of a judge upon settlement of interrogatories, to he annexed to a commission herein; also appeal by defendant from order of said General Term, denying a motion to dismiss the appeal from the order settling the interrogatories.
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These were cross-appeals from an order of General Term of the ■ Supreme Court, in the third judicial department, affirming in part, and reversing in part, a decision of a judge upon settlement of interrogatories, to he annexed to a commission herein; also appeal by defendant from order of said General Term, denying a motion to dismiss the appeal from the order settling the interrogatories. This action was brought to recover damages for injuries H real estate, alleged to have been occasioned by defendant’s negligence. One of the defenses was that defendant settled With the mother of plaintiff,…
1Opinion of the CourtEarl, J.
Precisely what tho powers of a judge in settling interrogatories to be annexed to a commission are, has not been much considered in reported cases. It is provided in the Code, as it was in the Revised Statutes, that the interrogatories are to bo settled by a judge upon notice. (§§ 891, 892.) I believe it has been generally understood that the judge has some power to determine what interrogatories may be annexed to the commission, and the form of them. If lie has not such power, then the requirement that the interrogatories “ must he settled ” has little or no significance ; and if he has no…
2Cases cited1 opinion
- MacDonald v. GarrisonNew York Court of Common Pleas · 1859
3Cited by15 opinions
- In re the Estate of SonderlingNew York Surrogate's Court · 1935
- Van Dyke v. DoughtyMichigan Supreme Court · 1913
- Irving v. Royal Exchange Assurance of LondonAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Probate of the Last Will & Testament of HernandezAppellate Division of the Supreme Court of the State of New York · 1913
- Shafer v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1906
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