Sheehan v. Carvalho
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John 0. Sheehan, from an order of the Supreme Court, made at the New York Special Term and- entered in the-office of the clerk of the county of New York on - the 14th day of Atigust,. 1896, denying his motion to vacate an order for the examination of defendants’ witnesses before the trial of the action.
1Dissent
Van Brunt, P. J. (dissenting)
I dissent from the conclusion at which the court has arrived in the case at bar. It is establishing a new practice which, so far as my observation goes, has never obtained, and which differs materially from that which has long prevailed under the Code in reference to motions respecting orders of arrest, orders of injunction and warrants of attachment. In those cases, although the language of the Code is that an application to discharge such provisional remedies may be made upon the papers or upon proof by affidavits by the defendants, it has uniformly been held…
2Cases cited1 opinion
- Lovell v. MartinNew York Court of Common Pleas · 1861