Legal Opinion

Merchants' National Bank v. . Sheehan

New York Court of Appeals

Decided January 19, 1886PublishedCited by 30 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of May, 1885, which modified, and affirmed as modified an order of Special Term adjudging the appellant guilty of contempt in disobeying an order requiring him to appear before a referee named to be examined and make a deposition as an expected party to an action about to be commenced in the Supreme Court.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of May, 1885, which modified, and affirmed as modified an order of Special Term adjudging the appellant guilty of contempt in disobeying an order requiring him to appear before a referee named to be examined and make a deposition as an expected party to an action about to be commenced in the Supreme Court. The appellant appeared before the referee, but refused to be examined. The order is appealable. (Brinkley v. Brinkley, 47 N. Y. 40; Ludlow v. Knox, 4 Abb. Ct. App. Dec. 326;…

1Opinion of the CourtAndrews, J.

The question on this appeal depends upon the construction of section 870 of the Code, which is as follows : “ The deposition of a party to an action pending in a court of record, or of a person who expects to be a party to an action about to be brought in such a court, etc., may be taken at his own instance or at the instance of an adverse party, or of a co-plaintifE or co-defendant, at any tune before the trial, as prescribed in this section.” The question presented is whether this section authorizes an order for the examination of a person against whom an action is about to be brought, upon…

2Cited by30 opinions

  1. Matter of DaviesNew York Court of Appeals · 1901
  2. Lauffer v. Easter Star TempleAppellate Division of the Supreme Court of the State of New York · 1924
  3. In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Matter of Attorney-GeneralNew York Court of Appeals · 1898
  5. In re NolanNew York Supreme Court · 1893

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