Moore v. Merritt
New York Supreme Court
Questions arose in this case as to the power of a supreme court commissioner to make an order for security for costs ; as to his right to modify or revoke such order, and as to the giving notice to the party obtaining the original order, the following opinion was delivered:
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first judge of Ontario had power as a supreme court commissioner to make the order, which he did. By the revised statutes, 2 R. S. 279, 280, § 18, 19, supreme court commissioners are authorized to perform all the duties, and to execute every act, power and trust which a justice of the supreme court may perform and execute out of court, according to the rules and practice of such court and pursuant to the provisions of any statute, in all civil cases, except that when any power is given in express terms by any statute to the justices of the supreme court and the…
2Cited by4 opinions
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