Jemison v. Citizens' Savings Bank
New York Supreme Court
Appeal from an order made at Special Term, granting a motion for an open commission to issue to take testimony at Jefferson, Texas.
1Opinion of the Court
Brady, J.:
The commission issued in this ease was authorized by sections 898 and 894 of the Code of Civil Procedure, but the power exercised was one which had theretofore been asserted and maintained. The appeal taken from the order granting it cannot be sustained, this court having declared in three adjudicated cases, and in several not reported, that an order allowing a commission to issue is not appealable. The question is with us, therefore, res adjudicata. (Thatcher v. Bennett, cited at page 555 of Voorhees’ Annotated Code [ed. 1870], referred to and approved in Treadwell v. Pomeroy, 2 N.…
2Cases cited1 opinion
- Trenor v. JacksonThe Superior Court of New York City · 1874