Seeley v. . Clark
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, vacating an order of Special Term which granted the application of the defendant Clark for the examination of one George W. Mead before trial, on the ground that he was a “party in interest.” Under the old chancery practice, a bill for discovery lay not only against parties to the record in the common law action, but also parties hi interest.
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Appeal from order of the General Term of the City Court of Brooklyn, vacating an order of Special Term which granted the application of the defendant Clark for the examination of one George W. Mead before trial, on the ground that he was a “party in interest.” Under the old chancery practice, a bill for discovery lay not only against parties to the record in the common law action, but also parties hi interest. (Plummer v. May, 1 Yes., 426; Glyn v. Soares, 1 Y. & C., 644; Post v. Boardman, 10 Paige, 580; Day v. Dralce, 3 Sim., 64; Story’s Eq. Jur. [11th ed.], § 1500; Gilbert v. Lewis, 1 De…
1Opinion of the CourtDaxforth, J.
The words “ party to an action,” in section 870 of the New Code, include parties to the record, and no one else. Such is their legal and ordinary meaning. Mead, the person whose examination was directed, it is conceded, is not one of those parties. That he is a party in interest is not sufficient; he is still “ a person not a party,” and his examination in certain cases is provided for by sec tion 871. It. is not claimed that a case is made out under that section. To bring him within section 870, the court must supply words, viz., “party in interest,” which an examination of title 12, chapter…
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