Legal Opinion

99 v. Vanderbilt

New York Supreme Court

Decided January 15, 1855PublishedCited by 8 opinions

Order to show cause why the attorney of the plaintiffs should not furnish certain information. There were ninety-nine suits brought in behalf of ninety-nine different plaintiffs, against the proprietor of the line of vessels known as “ Vanderbilt’s line for California and Nicaragua.” Nineteen of these suits were brought in the Supreme Court, forty-six in the Superior Court, and thirty-four in the Common Pleas. They were all brought by the same attorney.

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Order to show cause why the attorney of the plaintiffs should not furnish certain information. There were ninety-nine suits brought in behalf of ninety-nine different plaintiffs, against the proprietor of the line of vessels known as “ Vanderbilt’s line for California and Nicaragua.” Nineteen of these suits were brought in the Supreme Court, forty-six in the Superior Court, and thirty-four in the Common Pleas. They were all brought by the same attorney. The causes of action in the suits were alike, the same printed form of complaint being used in each case. The complaint contained six counts.…

1Opinion of the Court

The following opinions were rendered in the Supreme and’ Superior courts upon granting the order.

SUPREME COURT.

Mitchell, J.

J.(After stating the-facts upon which the application was based). The right of the, court to compel an attorney of the court to exhibit his authority to sue, arises from the control which it exercises over all its process and proceedings, and over its officers in order to. prevent abuse. It arises from no statute, but emanates from the breast of the court, and from its desire to cause justice to. be done; and as it emanates from the court, so it is to be exercised only on…

2Cited by8 opinions

  1. People ex rel. Vogelstein v. Warden of the County JailNew York Supreme Court · 1934
  2. Neugass v. Terminal Cab Corp.New York Supreme Court · 1931
  3. In Re IllidgeOregon Supreme Court · 1939
  4. Post v. ScheiderNew York Supreme Court · 1891
  5. Walton v. FairchildCity of New York Municipal Court · 1889

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