Legal Opinion

Morrison v. Sturges

The Superior Court of New York City

Decided October 15, 1863PublishedCited by 8 opinions

Petition by defendants, under the Revised Statutes, for a discovery of papers as evidence in the cause, alleged to be in the possession of the plaintiffs.

1Opinion of the Court

Monell, Justice.

It is settled by authority that the court has power to compel a discovery of books, papers or documents containing evidence relating to the merits of the action, under the provisions of the Revised Statutes, as well after issue joined as before (Gould agt. McCarthy, 1 Kern. 575 ; Davis agt. Dunham, 13 How. 425) ; the 388th section of the Code not being a substitute for the provisions of the Revised Statutes, but auxiliary thereto. Under *178either statute the court must be satisfied that the books or papers contain evidence relating to the merits of the action.

This action is to…

2Cases cited1 opinion

  1. Howard v. IngersollSupreme Court of the United States · 1852

3Cited by8 opinions

  1. Ex Parte ClarkeCalifornia Supreme Court · 1899
  2. Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
  3. In re ConradesMissouri Court of Appeals · 1904
  4. Dale v. StokesNew York Surrogate's Court · 1882
  5. Hayden v. Van CortlandtNew York Supreme Court · 1895

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