Hite v. Dell

The opinion of the court was delivered by

Voorhees, J.

This is an application to review an order made by a justice of this court. Application was made to him for an order directing that the expense of the examination of certain witnesses taken de bene esse by commission and under stipulation should he made a part of the defendant’s taxed costs, the defendant being the prevailing party in the suit. Some of the witnesses were examined by stipulation dated March 7th and April 22d, 1908, by consent under the fifty-seventh section of the Evidence act (Pamph. L. 1900, p. 37S), which expense amounted…