Stewart v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Horace Russell and another, as executors of and trustees under the last will and testament of Henry Hilton, deceased, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 18th day of October, 1901, granting the plaintiff’s motion for an open commission to take the testimony of certain named and unnamed witnesses.
1Opinion of the Court
McLaughlin, J. :
The appeal here is from an order granting plaintiff’s motion that an open commission issue to take the testimony of certain witnesses named and such others as may be produced at Belfast, Ireland. We know of no authority which justifies the'granting of such a commission upon the facts set out in this record. An open commission to examine witnesses out of the State will not be granted except under peculiar circumstances, and then only when the facts stated show the necessity for resorting to that course of practice. (Predigested Food Co. v. Scott, 28 App. Div. 59; Einstein v.…
2Cases cited1 opinion
- Predigested Food Co. v. ScottAppellate Division of the Supreme Court of the State of New York · 1898