Legal Opinion

Walker v. Granite Bank

New York Supreme Court

Decided May 2, 1865PublishedCited by 5 opinions

APPEAL from an order directing the deposit of books of the defendant, for the inspection of the plaintiff.

1Opinion of the Court

By the Court, Ingraham, P. J.

We have repeatedly held that applications for discovery of books and papers must specially state what information is wanted, and that the books or papers referred to contain such entries, and this must be stated on positive affirmation, and not on mere information and belief. It is not enough, to dispense with this positive oath, *40that the party should he absent. If so, some other person who has knowledge of the facts should swear to the petition, and if there is no one who can make such affidavit, then the application can not ordinarily be granted. Although the…

2Cited by5 opinions

  1. Dale v. StokesNew York Surrogate's Court · 1882
  2. Hayden v. Van CortlandtNew York Supreme Court · 1895
  3. Neafie & Levy v. Miller & HendersonSupreme Court of Florida · 1896
  4. Dickie v. AustinNew York City Court · 1883
  5. Stettauer v. New York & Scranton Construction Co.New Jersey Court of Chancery · 1886

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