J. J. Spurr & Sons (Inc.) v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. J. Spurr & Sons (Incorporated), from an order of the Supreme Court, made at the. Kings County Special. Term and entered in the office of the clerk of the county of Kings on the 8th day of Hovember, 1906.
1Opinion of the Court
Rich, J.:
This appeal is from an order of the Special Term denying plaintiff’s motion to vacate an order for -a commission to examine witnesses in the State of Hew Jersey upon interrogatories. The original order was defective, and the learned justice at Special Term sought to remedy the defect by an order providing that a commission issue in which no person was named as commissioner.
Authority to take the testimony of a witness upon interrogatories is *817found in section 887 of the Code of Civil Procedure. That section provides that the person to whom it is issued shall be named therein. Because…
2Cases cited1 opinion
- Hemenway v. KnudsonNew York Supreme Court · 1893
3Cited by1 opinion
- Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924