Scope and Content Note
This series consists of motions and orders for commissions to be issued for taking of testimony from material witnesses residing out of state. The motion itself consists of a notice to the attorney for the plaintiff (or defendant) stating that application will be made for a commission and giving the name and residence of the witness; and an affidavit stating the grounds for the motion. The order of Supreme Court Justice or Circuit Judge that a commission be issued is found subscribed or annexed to the affidavit or the notice. Occasionally orders are found without the motion. The location of the writs of commissions filed in the Geneva office is unknown. Issuance and return of commissions was governed by legislation of 1829. Also in the series are a few court orders granting or denying new trials, to refer a cause, to show cause, etc.
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