Babcock v. Balston
New York Supreme Court
Motion by defendant to vacate an order for the examination of the defendant, under sections 872 and 873 of Code of Civil Procedure, made by the recorder of the city of Watertown.
1Opinion of the CourtMekwtn, J.
The question is, has the recorder of the city of Watertown power to grant the order? By section 19 of title 4 of the charter of that city (chap. 714 of 1869), it is provided that the recorder, “ in case he shall be of the degree of counselor at law in the supreme court, shall possess all the powers and may perform all the duties that are now performed by a judge of the supreme court at chambers.”
A justice of the supreme court, at chambers, could have granted the order in question, and therefore it is argued the recorder could do it
The section (872) under which it was granted gave the power to…
2Cases cited3 opinions
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Hayner v. . JamesNew York Court of Appeals · 1858
- Moore v. MerrittNew York Supreme Court · 1833