Hauseman v. Sterling
New York Supreme Court
APPEAL, by the plaintiff, from an order made at a special term, denying an application for an order to compel the production of books and papers on the examination of the defendant, before trial.
1Opinion of the Court
By the Court, Ingraham, P. J.
It has become the uniform practice, in this district, to refuse applications to compel the production of books and papers, on the examination of a party, before trial. There is nothing in the Code to warrant it, and we think the practice prevailing here is the correct one.
The case of Brett v. Bucknam, (32 Barb. 655,) was under an order directing the production of books and documents. Even if that decision is correct, it does not authorize a' subpcena duces tecum, on such an examination; and if necessary, we should be disposed to overrule that case.
The statute has…
2Cases cited1 opinion
- Brett v. BucknamNew York Supreme Court · 1860
3Cited by9 opinions
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Glenney v. StedwellNew York Court of Appeals · 1876
- De Bary v. StanleyNew York Court of Common Pleas · 1874
- Martin v. SpoffordNew York Supreme Court · 1877
- Parsons v. BeldenNew York City Court · 1878
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