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

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. 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. [MAJORITY — Per Curiam:] Per Curiam: 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; ' ,