In re Attorney-General
Appellate Division of the Supreme Court of the State of New York
Appeal by Theodore E. Hancock, Attorney-General of the State of New York, from orders of the Supreme Court, made at Chambers and respectively entered, in the office of the clerk of the county of Albany, on the 14th day of July, 1897, the 23d day of July, 1897, •and the 18th day of August, 1897, vacating and setting aside an order made for the examination of certain witnesses under the provisions of chapter 383 of the Laws of 1897. The first order appealed from granted a…
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Appeal by Theodore E. Hancock, Attorney-General of the State of New York, from orders of the Supreme Court, made at Chambers and respectively entered, in the office of the clerk of the county of Albany, on the 14th day of July, 1897, the 23d day of July, 1897, •and the 18th day of August, 1897, vacating and setting aside an order made for the examination of certain witnesses under the provisions of chapter 383 of the Laws of 1897. The first order appealed from granted a motion made by Samuel Sloan to vacate an order previously made for the examination of said Sloan and others, under the…
1Opinion of the Court
Merwin, J.:
The first question to be determined is whether there is any right of appeal to this court from the orders in question. The claim of the respondents is that the proceeding under the statute of 1897 is not a special proceeding within the meaning of the Code of Civil Procedure, and that, therefore, there is no remedy by appeal.
*287By sections 3333 and 3334 of the Code of Civil Procedure it- is provided that the word “ action,” when applied to judicial proceedings, “ signifies an ordinary prosecution in a court of justice by a party against another party for the enforcement or protection…
2Cases cited5 opinions
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- Matter of RyersNew York Court of Appeals · 1878
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- In re Ketchum's ApplicationNew York Court of Common Pleas · 1880
3Cited by7 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
- People ex rel. Morse v. NussbaumAppellate Division of the Supreme Court of the State of New York · 1900
- In re LeichNew York Supreme Court · 1900
- People ex rel. Morse v. NussbaumNew York Supreme Court · 1900
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