In re Attorney General
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Application of the attorney general for an order for the examination of Samuel Sloan and other witnesses, under the provisions of Laws 1897, c. 383. From orders of the special term (47 FT. Y. Supp. 20, 21 Mise. Rep. 101) granting motions to vacate orders for the examination of said witnesses, the attorney general appeals. Affirmed. Argued before PARKER, P. J., and LAFTDOFT, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtMerwin, J.
The first question to be determined is whether there is any right of appeal to this court from the orders in question. The claim of the respondents is that the proceeding under the statute of 1897 is not a special proceeding, within the meaning of the Code of Civil Procedure, and that, therefore, there is no remedy by appeal. By sections 3333 and 3334, Code Civ. Proc., it is provided that the word “action,” when applied to judicial proceedings, “signifies an ordinary prosecution, in a court of justice, by a party against another party, for the enforcement or protection of a right, the redress…
Also in this document: Concurrence.
2Cases cited7 opinions
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- Matter of RyersNew York Court of Appeals · 1878
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.