Legal Opinion
Jewell v. Jewell
New York Supreme Court
Decided February 15, 1828PublishedCited by 1 opinion
The plaintiff obtained an order to examíne a witness de leñe esse, who was too sick to attend the circuit; but he was not, in fact, examined. The verdict being for the he claimed before a commissioner to have the costs of this order taxed: which was refused. citing Kenney v. Vanhorne, (2 John. Rep. 107.)
1Opinion of the Court
Curia.
The motion must be denied. The witness was not examined. It would have been otherwise, had the order been executed by an actual examination. In" such case, the allowance should have been; made as. upon an examination by commission.
Motion denied.
2Cited by1 opinion
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