MacDonald v. Garrison
New York Court of Common Pleas
Appeal from order made upon motion for settlement of interrogatories in a commission to take testimony. The facts respecting the interrogatories proposed appear in the opinion. The application for their settlement was made at special term, and the following opinion rendered.
1Opinion of the CourtHilton, J.
Although it is usual to grant an order for a commission upon the application of either party, when no stay is desired, almost as a matter of course; yet upon the settlement of the interrogatories, the judge, if required, should look into the questions propounded, to see if they relate to the matters at issue, and to be tried in the action.
And it is not necessary upon such occasions to show with absolute certainty that the matters inquired of will be material at the trial; it will be sufficient if a reasonable ground exists for supposing that such will be the case. (2 Rev. Stats., 394, §§ 11,…
2Cases cited1 opinion
- Jackson ex dem. Boyd v. LewisNew York Supreme Court · 1816
3Cited by1 opinion
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879