Ring v. Mott
The Superior Court of New York City
Appeal from an order at chambers, denying a motion of the plaintiff for a commission. The action was of an equitable -nature. A brother of the plaintiff, whose family resided in New York, and who was an officer of the customs here, left tiome for the island of Cuba in October, 1849, for the benefit of his ■health.
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Appeal from an order at chambers, denying a motion of the plaintiff for a commission. The action was of an equitable -nature. A brother of the plaintiff, whose family resided in New York, and who was an officer of the customs here, left tiome for the island of Cuba in October, 1849, for the benefit of his ■health. Previous to his departure, the plaintiff proceeded to examine him conditionally, but the cross-examination, which was very long, had not been completed, when he was obliged •to leave. The commission was opposed, on the ground that the witness was a resident of the state • and…
1Opinion of the Court
By the Court.
The issuing of a commission is in the discretion of the -court It is usually done as of course, with or *684without a stay of proceedings, but it is not a matter of strict right. • The court must be governed in the exercise of its discretion, by what it is apparent will be the consequences'; and if it is evident that great injustice will be likely to ensue to the adverse party, it is far from being of course to grant it. In such a case, the court will either impose terms so as to preserve the rights of the adverse party, or will even refuse it, if no way for their protection can be…
2Cited by2 opinions
- Keenan v. O'BrienNew York Supreme Court · 1889
- McColl v. Sun Mutual Insurance Co.New York Court of Appeals · 1872