Thompson v. Erie Railway Co.
New York Supreme Court
Appeal from an order. This action was brought by John W. Thompson, Mary T. De Forest,' James Thompson, and others, in their own behalf, and in behalf of all other holders of the preferred stock of the Erie Railway Company, the defendants, to seek similar relief to that sought in the action previously reported.
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Appeal from an order. This action was brought by John W. Thompson, Mary T. De Forest,' James Thompson, and others, in their own behalf, and in behalf of all other holders of the preferred stock of the Erie Railway Company, the defendants, to seek similar relief to that sought in the action previously reported. The present action had reference, however, to the transactions and income of the year 1869. The complaint was served, and on April 14, 1870, an order was made that the issue should be as of that date. Thereafter, and before the defendants had served any answer or demurrer, and before…
1Opinion of the Court
By the Court.*—Miller, P. J.
I think that the application for a discovery of books and papers cannot properly be made until after an answer has been served to the plaintiffs’ complaint.
Under the Code (§ 388), a judge is authorized to make an order for an inspection, or copy, or permission to take a copy of any books, papers, and documents containing evidence relating to the merits of the action or the defense therein. The' Revised Statutes do not extend this power (2 Rev. Stat., 199, § 22). The court, then, have not the power to compel a discovery for any purpose except for the preparation of…
2Cases cited6 opinions
- Morrison v. SturgesThe Superior Court of New York City · 1863
- Powers v. ElmendorfNew York Supreme Court · 1849
- Mora v. McCredyThe Superior Court of New York City · 1858
- Stanton v. Delaware Mutual InsuranceThe Superior Court of New York City · 1849
- Miller v. MatherNew York Supreme Court · 1850
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