Hollins v. Garrison — 133 A.D. 900

Majority

p. 900

Second Department,

June, 1909.

Harry B. Hollins and Others, Doing Business under the Name and Style of H. B. Hollins & Company, Appellants, v. William R. Garrison, Respondent, Impleaded with New York and Java Trading Company and C. Edwin Hunt, Defendants.

Headnote

Practice — case on appeal — exhibits.

Appeal by/ the: plaintiffs- from' an order-of the. Special1 Term; entered,-'in the office of the clerk of the county of Westchester on the 8th day of March, Í909; dén.y-ing'a motion" to- vacate am order'; granted* ex' parte'i extending the defendant’s ■ time to make and serve the case on. appeal until one week after the delivery to-Schuyler G: Garitón, his-attorney, of the* ori'ginal.'ex-Hibits'iti-the: possession of the plaintiffs, or copies thereof.

We dh not think the* origin'*!-exhibits should1 be taken- from1 tlie custody of the plaintiffs nor that they" should'be pu-t,to the-ex-pense-of making-copies. If the exhibits? werevacfirally, as* weli-as eohstractively, iff the-possession of", the- court; the defendants? would have > to-pay the-expense" off maMng'cOpies. The plaintiffs should1 furnish the defendants reasonable opportunity to make copies) of1 tlie exhibits’, andiif; appears1 to be undisputed that) that"has1 been done. Inasmuch as the defendant’s time to serve the case on appeal has'-expired'and a. reversal1' of: the? order will)' leave4 Kim"- in- default, liis? time- to- serve the ease on appeal1 may be extended until ten daysiaf ter the service of "a copy" of11 the- order made on' this? appeal: Hirscllberg;- F. J.-, Jénks; Gayffoiy Rich and Mill ex, Jj., concurred:;. Order" reversed; with t'en, dollars: costs and! disbursements; and motion-granted; with. costS;- ten-days1',to s'er-ve.ease, after? s'ervice' o'f copy of this-order; ' ,