McCreery v. Ghormley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Ghormley and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 23d day of May, 1896, granting a motion made by the plaintiff for the inspection and discovery of certain hooks and papers.
1Opinion of the Court
Per Curiam :
The objection that the proposed discovery compels the defendants to furnish evidence against themselves tending to establish the commission of a crime is completely answered by the fact that the Statute of Limitations has barred any prosecution for the criminal offense. (People v. Mather, 4 Wend. 229; Close v. Olney, 1 Den. 319. See cases cited in opinion in Brown v. Walker, 161 U. S. 591, at page 598.)
In answer to the application were read the affidavits of the several defendants that neither of them had in his possession or under his control the books, papers and documents of…
2Cases cited4 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- People v. MatherNew York Supreme Court · 1830
- Close v. OlneyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Perrow v. LindsayNew York Supreme Court · 1889
3Cited by2 opinions
- Tyler v. Anglo-American Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- American Blue Stone Co. v. Cohn Cut Stone Co.New York Supreme Court · 1917