Matter of Strong v. . Randall
New York Court of Appeals
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January 5, 1904, which reversed an order of Special Term denying a motion to compel Frank E. Randall to answer certain questions, and granted such motion. The motion was made upon the ground that the order was not appealable to the Court of Appeals.
1Opinion of the Court
Per Gv/riami.
While we are of opinion that proceedings taken under section 915 of the Code of Civil Procedure to punish a witness for contempt in failing to give testimony for use in actions or suits in other states constitute a special proceeding within the definition of the Code, we are also of opinion that the order from which the present appeal is taken, which merely directs the witness to answer specified questions, is interlocutory in its character. The final order in the proceeding will be that which either punishes or refuses to punish the witness for contempt, should he persist in his…
2Cited by12 opinions
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
- Dowagiac Mfg. Co. v. LochrenCourt of Appeals for the Eighth Circuit · 1906
- Matter of King v. . AshleyNew York Court of Appeals · 1904
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1913
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