Matter of Barnes
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, which reversed an order of Special Term directing the respondent herein to answer certain questions propounded to him by a senate investigating committee and to produce before said committee certain books and papers. The facts, so far as material, are stated in the opinion. Section 856 of the Code of Civil Procedure is constitutional. (4 Black.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, which reversed an order of Special Term directing the respondent herein to answer certain questions propounded to him by a senate investigating committee and to produce before said committee certain books and papers. The facts, so far as material, are stated in the opinion. Section 856 of the Code of Civil Procedure is constitutional. (4 Black. Comm. 288; 1 Sm. Ch. Pr. 428, 429; Wigmore on Evidence, §§ 2190, 2191, 2290; Rex v. Almond, Wilmot, 254; Battys v. Gresley,…
1Dissent
This is a proceeding to punish the respondent, William Barnes, Jr., for an alleged contempt in refusing to produce certain books and papers, and to answer certain questions propounded to him, upon a hearing before a senate committee which was charged with the duty of investigating certain alleged abuses in the various public offices and departments connected with the municipal governments of the city and county of Albany. The proceeding was instituted under section 856 of the Code of Civil Procedure, which provides that if a person "subpœnaed and attending or brought * * * before an officer…
2Cases cited2 opinions
- In re GroutAppellate Division of the Supreme Court of the State of New York · 1905
- In re McAdamNew York Supreme Court · 1889