Hart v. Ogdensburg & Lake Champlain Railroad
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by William T. Hart and others against the Ogdensburg & Lake Champlain Railroad Company and the Central Vermont Railroad Company to restrain defendants from the performance of an agreement of merger and consolidation. From an order granting an inspection of books and papers, defendants appeal.
1Opinion of the CourtHerrick, J.
The granting or withholding an order for a discovery under chapter 8, tit. 6, art. 4, Code Civil Proc.,1 is a matter of discretion in this court, at special term, subject, of course, to-review at general term. Finlay v. Chapman, 119 N. Y. 404, 23 N. E. Rep. 740. While the general term has power to review the exercise of its discretion by the special term, it will not reverse ita action unless it pretty clearly appears that upon the merits of the motion the special term has erroneously exercised its discretion. An examination of the printed case in this appeal fails to satisfy me that upon the…
2Cases cited2 opinions
- Powers v. ElmendorfNew York Supreme Court · 1849
- Finlay v. . ChapmanNew York Court of Appeals · 1890
3Cited by7 opinions
- Hollien v. KayeNew York Supreme Court · 1949
- Federal Mining & Smelting Co. v. Public Utilities CommissionIdaho Supreme Court · 1914
- Iroquois Hotel & Apartment Co. v. Iroquois Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McGeary v. BrownSouth Dakota Supreme Court · 1909
- Palmer v. United PressAppellate Division of the Supreme Court of the State of New York · 1901
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