Uvalde Asphalt Paving Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Uvalde Asphalt Paving Company, 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 16th day of January, 1912, granting the defendant’s motion to vacate an order for the examination of the defendant before trial, through the president of the borough of The Bronx, the principal assistant engineer and the chief engineer of said borough and the permit clerk in…
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Appeal by the plaintiff, the Uvalde Asphalt Paving Company, 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 16th day of January, 1912, granting the defendant’s motion to vacate an order for the examination of the defendant before trial, through the president of the borough of The Bronx, the principal assistant engineer and the chief engineer of said borough and the permit clerk in the office of said president.
1Opinion of the Court
Laughlin, J.:
The learned counsel for respondent contends that the order should be sustained upon the broad ground that the provisions of sections 870 and 872 of the Code of Civil Procedure, with respect to the examination of a party before trial, do not apply to a municipal corporation. In Havemeyer v. City of New York the court at Special Term expressed the opinion that those provisions do not apply to a municipal corporation, and the order for the examination of the chief engineer' of water supply, gas and electricity of the city was vacated, but other grounds existed for vacating the…
2Cases cited6 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Linehan v. City of CambridgeMassachusetts Supreme Judicial Court · 1872
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
- People Ex Rel. Bush v. . HoughtonNew York Court of Appeals · 1905
- Maisch v. . City of New YorkNew York Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jewish Hospital v. DoeAppellate Division of the Supreme Court of the State of New York · 1937
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- Casey v. Auburn Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Poynter v. County of Otter TailSupreme Court of Minnesota · 1947
- In re IhrigAppellate Division of the Supreme Court of the State of New York · 1918
21 more not listed; retrieve them via the Exa API.