Legal Opinion

Central National Bank v. Clark

The Superior Court of New York City

Decided May 13, 1872Published

Appeal from an order of the special term granting inspection of books, &c., under section 388 of the Code, and “discovery ” under the revised statutes.

1Opinion of the Court

By the Court.—McCunn, J.

The first question to be disposed of, is whether this is an appealable order.

Looking at all the facts, and guided as we must be by the light’of a very recent case in the court of last resort (In the Matter of Duff, 51 How. Pr. 350), we must hold this is an appealable order. Section 388 of the Code declares, “That the court before which an *488action is pending, or a judge or justice thereof, may in their discretion, and upon due notice, order either party to give the other an inspection or copy, or permission to take a copy of any books, papers, and documents in his…

2Cases cited5 opinions

  1. Patton v. TaylorSupreme Court of the United States · 1849
  2. St. John v. WestNew York Supreme Court · 1850
  3. White v. MunroeNew York Supreme Court · 1861
  4. Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
  5. In re the Estate of UglowNew York Surrogate's Court · 1876

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