People v. . Mutual Gas Light Company
New York Court of Appeals
Appeal from order of the General T erm of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion made on behalf of defendant to vacate an order for the examination before trial of Alexander Studwell, a director of defendant.
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Appeal from order of the General T erm of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion made on behalf of defendant to vacate an order for the examination before trial of Alexander Studwell, a director of defendant. (Reported below, 14 Hun, 157.) This action was brought by the attorney general in, the name of the People to have the charter of the defendant declared forfeited, on the alleged ground that its capital stock had not been paid in as required by law. The answer was verified by Studwell as director, and upon an ex parte…
1Opinion of the CourtHand, J.
The statute authorizes an examination of a party to an action before trial at the instance of an adverse party. (Code, § 870 et seq.) The question presented by this appeal is whether, under this statute, Studwell, a director of the defendant, may be compelled to submit to an examination by the plaintiff before trial. As Studwell is not a party, and the Gas Light company is the sole defendant, it would seem to follow necessarily that the statute as to parties did not authorize his examination in this action. The word “party,” as used in this and previous similar statutes, has an unmistakable…
2Cases cited2 opinions
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
- Goodyear v. Phœnix Rubber Co.New York Supreme Court · 1867
3Cited by18 opinions
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- National Clay Products Co. v. District CourtSupreme Court of Iowa · 1932
- Boorman v. . Atlantic and Pacific R.R. Co.New York Court of Appeals · 1879
- Outdoor Supply Co. v. Westhome Security Corp.Appellate Terms of the Supreme Court of New York · 1931
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