Kaempfer v. Gorman
New York Supreme Court
Appeal from special term, New York county. Action by Adolph Kaempfer against John J. Gorman, as sheriff, etc., for conversion. Defendant appeals from part of an order denying a motion for an open commission.
1Opinion of the CourtVan Brunt, P. J.
It is apparent that an open commission should not be granted except under exceedingly peculiar circumstances, because, by such a commission, frequently, the place of trial is virtually transferred to a foreign jurisdiction. The papers in this case present no special reasons for the granting of such extraordinary relief, except the fact that the witnesses proposed to be examined are hostile to the defendant, and that, therefore, it is necessary to examine them orally. Where a party is called upon to justify against a trespass committed within this state, we do not think that the plaintiff…
2Cases cited1 opinion
- Parker v. LythgorNew York Supreme Court · 1891
3Cited by2 opinions
- Darling v. KlockNew York Supreme Court · 1893
- Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924