O'Brien v. Commercial Fire Insurance
The Superior Court of New York City
Plaintiff’s counsel inserted in his bill of costs items ■amounting to three hundred and fifty dollars for the examination on commission of thirty-five witnesses, being ten dollars for each witness examined. Before the clerk, he only claimed ten dollars for each separate set of interrogatories or cross-interrogatories drawn and annexed by him. to the commissions issued herein, of which sets there were seventeen.
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Plaintiff’s counsel inserted in his bill of costs items ■amounting to three hundred and fifty dollars for the examination on commission of thirty-five witnesses, being ten dollars for each witness examined. Before the clerk, he only claimed ten dollars for each separate set of interrogatories or cross-interrogatories drawn and annexed by him. to the commissions issued herein, of which sets there were seventeen. The clerk disallowed three hundred and ten dollars of the amount claimed as above, and allowed forty dollars, or ten dollars for each commission in which plaintiff joined, which…
1Opinion of the Court
By the Court.—Curtis, J.
The code, as amended, allows as costs (section 307, subd. 3) “for drawing interrogatories to annex to a commission for the taking of testimony, ten dollars.” The appellants claim that this entitles them to ten dollars for each separate set of interrogatories annéxed to a commission.
The interrogatories referred to in the code are those specified in 2 Revised Statutes (394). The statute in relation to testimony taken on commission, uses the same language as the code, and apparently by the words, “the interrogatories to be annexed to such commission,” means the entire…
2Cases cited1 opinion
- Hanel v. BaareThe Superior Court of New York City · 1863