Opinion
June 13, 1949.
In an action for brokerage commissions, order directing the taking of testimony of witnesses without the State by open commission, and on direction that plaintiff, who sought the testimony by written interrogatories, pay the traveling and hotel expenses of defendants' counsel, modified on the law as follows: By striking from the first paragraph all words after "granted"; by striking out the second paragraph; by deleting the word "open" in the third paragraph and by inserting at the end thereof, after the word "Illinois", the words, "upon written interrogatories to be annexed to the Commission"; by striking from the fourth paragraph all of the words after "Harry L. Rudnick, Esq."; by striking from the fifth paragraph the following: "questions put to said witnesses and all their"; by striking out the sixth paragraph; and by striking from the eighth ordering paragraph the words "items of said examination" and substituting in place thereof the words "written interrogatories." As so modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to appellant. There is no showing sufficient to warrant departure from the general rule that a commission for the taking of testimony without the State issue upon written interrogatories. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.