46 A.D. 89 | N.Y. App. Div. | 1899
These actions were brought, the former to procure an absolute divorce, and the latter for a separation.
After issue had been joined in both of them the husband applied for and obtained an order to take the testimony of a witness who was about to leave the State. The testimony of this witness was duly taken and certified by the referee appointed to take it.
The attorney for. the husband, through inadvertence, failed to file the deposition in the office of the clerk of the county in which the action was pending within ten days after the'same had been certified by the referee, as required by section 880 of the Code of Civil Procedure. He thereupon, upon ail affidavit showing such inadvertence, and that he had paid the referee’s fees to the amount of sixty dollars, and stenographer’s fees to the amount of seventy dollars,
It follows that the order appealed from must be reversed, with ten dollars costs and ■ disbursements, and the motion granted, with , ten dollars costs.
Van Brunt, P. J., Patterson, O’Brien and Ingraham, JJ., concurred.
Order reversed,-with ten dollars costs and disbursements, and motion granted, with ten dollars costs. ' • •