Matter of Mohawk Overall Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 19, 1913, which affirmed an order of Special Term denying a motion to vacate a subpoena duces tecum issued under section 915 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 19, 1913, which affirmed an order of Special Term denying a motion to vacate a subpoena duces tecum issued under section 915 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. The subpoena duces tecum, in the case, is a violation of the United States Constitution and likewise of the Civil Eights Law of the state of New York. (U. S. Const., 4th amend.; L. 1909, ch. 14, § 8; Boyd v. United States, 116 U. S. 616; Hale v. Henkel, 201 U. S. 43.)…
1Opinion of the Court
Willard Bartlett, Oh. J.
We think that this order is appealable. The proceeding was instituted by petition for the purpose of taking a deposition within this state for use without this state under article III of title 3 of chapter 9 of the Code of Civil Procedure (sections 914 to 919 inclusive). It is expressly denominated a special proceeding in the Code of Civil Procedure itself (§ 914). The order denying the motion to vacate the subpoena operated as a final adjudication to the effect that the petitioner was entitled to take the desired deposition. This disposed of the matter so far as the…
2Cited by7 opinions
- People v. EspositoNew York Court of Special Session · 1922
- Matter of HardyNew York Court of Appeals · 1915
- People v. DeforeAppellate Division of the Supreme Court of the State of New York · 1925
- In re Inter-City Associates, Inc.New York Court of Appeals · 1955
- INTER-CITY ASSOCS., INC. v. DoeNew York Court of Appeals · 1955
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