Parsons v. Harry Dowie Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Albert C. Parsons against the Harry Dowie Company. Defendant moves for a stay pending an appeal from an order of the Municipal Court granting plaintiff’s motion for an open commission, and plaintiff moves to dismiss the appeal from such order.
1Opinion of the CourtGuy, J.
In the Municipal Court, upon an affidavit made by one of the attorneys for the plaintiff in this action to the effect that the plaintiff resides in King City, Mo., and is not a resident of the city of New York; that said plaintiff will not be within said city or the jurisdiction of the court at the time of the trial of this action; that it is necessary to take his testimony and that of other witnesses, and upon notice to the defendant the court below granted plaintiff’s motion that an open commission issue “to take the testimony of the plaintiff and such other witnesses as may be offered on…
2Cases cited1 opinion
- Ordway v. RadiganAppellate Division of the Supreme Court of the State of New York · 1906