7 Jones & S. 359
The Superior Court of New York City
Decided May 3, 1875
The Superior Court of New York City · decided 1875-05-03
The plaintiff took out an order to examine himself and other persons as witnesses, under a commission issued to London. The plaintiff who lived in London, was, in fact, the only witness examined. The plaintiff recovering judgment, the clerk in taxing his costs allowed, as a disbursement, the amount paid to the commissioner as fees. The court below ordered a re-taxation, disallowing the commissioner’s fees. The appeal is from this order.
Decided 1875-05-03
¶1The court making the order for a commission had power to direct, as one of the terms, that a disbursement of the kind in question might be taxed. In the ab s nee of such a *360provision, we think the court below made a proper disposition of the application. We are of opinion that a different practice would lead to abuses difficult to check.
¶2The order is affirmed, with ten dollars costs.
¶3Speir, J., concurred.