Rogers v. Rogers
New York Supreme Court
- Motion for a commission by the defendant. ' The plaintiffs made an affidavit, stating the general nature of the matter in controversy, and swearing that they did not believe that the witnesses sought to be examined by ,the defendant, could testify to any thing material to the defence of this cause.
1Opinion of the Court
By the Court,
Savage, Ch. J.
Where doubt is cast upon the bona fides of" the application for a commission which is to operate as a stay, the motion will not be granted upon the common affidavit. 3 Johns. Cas. 137. The motion in this case is continued over until the next term, when the defendant shall be at liberty to renew it on such additional affidavits as he shall be advised to present.
At a subsequent term, affidavits shewing a prima facie case for a commission were presented, and the motion was granted.
2Cited by3 opinions
- Morse v. GrimkeCity of New York Municipal Court · 1889
- Henry v. HenryNew York Surrogate's Court · 1885
- Keenan v. O'BrienNew York Supreme Court · 1889