In re the Application to Compel Randal to Produce Certain Books, Papers & Records of the Western Gas & Fuel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Western Gas and Fuel Company from ‘so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d.day of July, 1903, as provides as follows : “ Ordered that the said Frank E. Randall produce and deliver to William C. Timm, the Commissioner in the suit now pending in the Court of Common Pleas, Montgomery County, Ohio, in which William E. Strong & others are plaintiffs, and…
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Appeal by the Western Gas and Fuel Company from ‘so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d.day of July, 1903, as provides as follows : “ Ordered that the said Frank E. Randall produce and deliver to William C. Timm, the Commissioner in the suit now pending in the Court of Common Pleas, Montgomery County, Ohio, in which William E. Strong & others are plaintiffs, and the Western Gas & Fuel Company & others are defendants, the books which were in his possession before said Commissioner…
1Opinion of the Court
Patterson, J.:
By the order appealed from, Frank E. Randall, a witness under examination before a commissioner appointed by the Court of Common Pleas of Montgomery county, Ohio, to take testimony in an action pending therein, was required to produce and deliver to the commissioner certain books which were in his possession, during his examination, and all books which were called for by a subpoena duces tecum issued by a justice of the Supreme Court of New York and which required the attendance of the witness before the commissioner and the production of such books. The order also provided that…
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