People v. Armour
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Philip D. Armour and others, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Jefferson on the 23d day. of ¡November, Í896, denying their motion to vacate seven orders for. the examination by the plaintiff of several persons not parties to the action.
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Appeal by the defendants, Philip D. Armour and others, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Jefferson on the 23d day. of ¡November, Í896, denying their motion to vacate seven orders for. the examination by the plaintiff of several persons not parties to the action. April 10, 1893, a statute of this State known as the Agricultural Law (Chap. 338 of the laws of that year) was passed and took effect. By section 26 of that act it was made penal to sell or offer for sale oleomargarine within this State. By…
1Opinion of the Court
Follett, J.:
This proceeding is not oné for the discovery of books and papers, pursuant to article 4 of title 6 of chapter 8 of the Code of Civil Procedure, entitled, “ Discovery of Books and Papers,” which is a substitute for the bill of discovery of the Court of Chancery. Such a bill, with few exceptions, could be maintained only against persons having an interest in the subject-matter of the discovery. Mere witnesses ordinarily could not be made parties to such a bill. (Story’s Eq. Pl. [10th ed.] § 232.) The proceeding authorized by this article can be maintained only against a party to an…
2Cases cited4 opinions
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
- Horst v. D. G. Yuengling Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Boorman v. . Atlantic and Pacific R.R. Co.New York Court of Appeals · 1879
- People v. Mutual Gas-light Co.The Superior Court of New York City · 1878
3Cited by6 opinions
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Akhurst v. National Starch Co.New York Supreme Court · 1909
- Campbell v. Brock's Commercial Agency, Ltd.Appellate Division of the Supreme Court of the State of New York · 1899
- Hart v. American Cotton Co.New York Supreme Court · 1903
- Mauthey v. Wyoming County Co-op. Fire Ins.Appellate Division of the Supreme Court of the State of New York · 1902
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