Opinion
May, 1905.
Order modified by providing that examination of the witnesses produced by the plaintiff be continued from day to day until completed; that such examination be concluded on or before July 1, 1905, and that in case such examination occupies more than five days, the plaintiff be required to pay to defendant's attorney ten dollars for each day in excess of five so occupied, in addition to the sum specified in the order appealed from; and as so modified affirmed, without costs of this appeal to either party. All concurred, except Williams, J., who dissented on the ground that under the facts of this case the granting of an open commission was an improper exercise of discretion and the order should be reversed and the motion denied.