Hames v. Judd
New York Court of Common Pleas
Appeal from special term. Action by John J. Hames and Henry Staples against John B. Judd to recover for goods sold and delivered. Plaintiffs appeal from so much of an order granting them a commission to take testimony abroad as requires them to give security for defendant’s costs. Code Civil Proc. § 889, provides that, “ upon granting the order, the court or judge may, in any case, impose such terms as justice requires.”
1Opinion of the CourtDaly, J.
Usually the granting of a commission is a matter of course, the discretion of the court being exercised with respect to staying proceedings; but the Code now expressly authorizes the court to impose terms. Section 889. In this case the plaintiffs (who are non-residents) are required to give security for defendant’s costs of the action as a condition of allowing them a commission to take testimony abroad. The case having been originally brought in a district court, and removed to this court, the defendant had no right to require security for costs, (see special term decision in this case;)1…
2Cited by3 opinions
- State v. OsenNorth Dakota Supreme Court · 1937
- Brodsky v. FioreNew York Supreme Court · 1949
- Kokomo Straw Board Co. v. SachsNew York Supreme Court · 1889