People v. Mutual Gas Light Co.
New York Supreme Court
Appeal from an order made at the Special Term refusing to vacate an order requiring Alexander Studwell, one Of defendant’s directors, to appear and be examined under section 870 of the Code of Civil Procedure.
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Appeal from an order made at the Special Term refusing to vacate an order requiring Alexander Studwell, one Of defendant’s directors, to appear and be examined under section 870 of the Code of Civil Procedure. The action is brought by the people, by their attorney-general, and is in the nature of an action of quo warranto, its object being to declare forfeited the charter of defendant, on the ground that one-half its capital stock was not paid in within the time required by law. Alexander Studwell is one of its directors, and verified the answer, stating that one-half the capital stock had…
1Opinion of the Court
Barnard, P. J.:
The question- presented by this appeal is, whether the defendant, a corporation, may be examined as a party through Alexander Studwell, one of its directors, under section 870 of the Code of Civil Procedure.
Parties under the Code of Civil Procedure mean only such persons as are parties to the record, either as plaintiff or defendant. (§446, etc.) The term includes corporations. They are persons as against the opposite party. (La Farge v. The Exchange Fire Ins. Co., 22 N. Y. Rep., 352). In the absence of authority, it would seem plain that the term party would not include a…
2Cases cited2 opinions
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
- Goodyear v. Phœnix Rubber Co.New York Supreme Court · 1867