Predigested Food Co. v. Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Predigested Food Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1898, denying the plaintiff’s motion for an open commission to examine without the State upon oral questions certain witnesses named in the commission and such other witnesses as might be produced by either party.
1Opinion of the Court
Van Brunt, P. J.:
It is manifest that, under section 881 of the Code of Civil Procedure, the witnesses to be examined by commission must be named therein. It is also well settled that open commissions upon the part of the plaintiff to examine witnesses out of the State will not be granted except under peculiar circumstances and without' the *60strongest and most convincing reasons, as the granting of such a motion upon behalf of the plaintiff simply transfers the trial of the cause to a jurisdiction different from that in which the plaintiff has seen fit to place the venue. (Einstein v. General…
2Cases cited1 opinion
- Einstein v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Stewart v. RussellAppellate Division of the Supreme Court of the State of New York · 1901