Powers v. Elmendorf
New York Supreme Court
This was an application on behalf of the plaintiffs to require the defendants to give them an inspection and copy of certain papers and documents relating to their defence.
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This was an application on behalf of the plaintiffs to require the defendants to give them an inspection and copy of certain papers and documents relating to their defence. The petition states that both actions are brought to recover certain lands in the county of Ulster—that the defendant Nicholas Elmendorf in his own right and the defendants in the second action, as the tenants and in right of Nicholas Elmendorf, claim that one William H. Elmendorf, at the time of his death, was seized in fee of and well entitled to, the lands sought to be recovered in both actions, and that the defendant…
1Opinion of the Court
Harris, Justice.
The decision of the question before me involves the practical application of that part of the 888th section of the code which *61provides that “the court before which an action is pending, or a judge or justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy of any books, papers and documents in his'possession, or under his control, containing evidence relating to the merits of the action, or the defence therein. ' By the Revised Statutes, a similar power…
2Cited by8 opinions
- Federal Mining & Smelting Co. v. Public Utilities CommissionIdaho Supreme Court · 1914
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1893
- Iroquois Hotel & Apartment Co. v. Iroquois Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Seligman v. Real Estate Trust Co.New York Supreme Court · 1886
- Livermore v. St. JohnThe Superior Court of New York City · 1866
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