Jacobs v. Mexican Sugar Refining Co.

Motion is made to vacate an order directing the examination of a witness, pursuant to sections 871-876 of the Code of Civil Procedure. A preliminary objection is *57raised that proceedings on the part of the plaintiffs were stayed under section 779 of the Code of Civil Procedure, when the order directing the examination was obtained, by reason of plaintiffs’ failure to pay costs awarded defendants on another motion. The failure to pay such costs did not deprive the court of jurisdiction to issue the order, but merely rendered the proceedings irregular. The party violating the stay having paid…