Matter of Barnes
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, which reversed an order of Special Term directing the respondent herein to answer certain questions propounded to him by a senate investigating committee and to produce before said committee certain books and papers. The facts, so far as material, are stated in the opinion. Section 856 of the Code of Civil Procedure is constitutional. (4 Black.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, which reversed an order of Special Term directing the respondent herein to answer certain questions propounded to him by a senate investigating committee and to produce before said committee certain books and papers. The facts, so far as material, are stated in the opinion. Section 856 of the Code of Civil Procedure is constitutional. (4 Black. Comm. 288; 1 Sm. Ch. Pr. 428, 429; Wigmore on Evidence, §§ 2190, 2191, 2290; Rex v. Almond, Wilmot, 254; Battys v. Gresley,…
1Dissent
I vote for the reversal of the order of the Appellate Division and the affirmance of the Special Term. I concur with Judge GRAY in the view that the provisions of section 856 of the Code of Civil Procedure do not violate the Constitution by depriving the respondent of due process of law. The antiquity of those or similar provisions of the statutes of this state is cogent, if not conclusive evidence, of their constitutionality. In this case the respondent was proceeded against by order to show cause. Personally I do not believe that the proceeding authorized by the Code is punitive in the…
2Cases cited4 opinions
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
- In re ClarkSupreme Court of Connecticut · 1894
- Matter of DepueNew York Court of Appeals · 1906
- In re Superintendent of the PoorAppellate Division of the Supreme Court of the State of New York · 1896