Wahle v. McMillan
New York Court of Common Pleas
Appeal from city court, general term. Action by Charles G. F. Wahle, as executor, against Samuel McMillan. From an order of the general term of the city court (20 N. Y. Supp. 372) affirming an order of the special term for examination of defendant before trial, defendant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
Appeals from the general tenn of the city court to the general term of this court are in general governed by the same rules as apply to appeals from the general term of this court to the court of appeals, and that court uniformly refuses to.review appeals from orders resting in the discretion of the court below; and, in fact, such appeals are prohibited by section 190 of the Code. An order for the examination of a party, under sections 870-873, has been repeatedly held to rest in the discretion of the judge granting it. In the leading case of Glenney v. Stedwell, 64 N. Y. 120, it was held…
2Cases cited8 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Carter v. GoodNew York Supreme Court · 1890
- Rice v. . BarrettNew York Court of Appeals · 1885
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