Campbell v. Brock's Commercial Agency, Ltd.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brock’s Commercial Agency, Limited, and Henry Brock, president and director of the defendant, and Thomas H. Wallace, secretary and director of the defendant, from a judge’s order, entered in the office of the clerk of the county of New York on the 10th day of February, 1899, directing the examination of Thomas H. Wallace, secretary and director of the defendant, Henry Brock, president and director of the defendant, and A. W. Hatton, director of the…
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Appeal by the defendant, Brock’s Commercial Agency, Limited, and Henry Brock, president and director of the defendant, and Thomas H. Wallace, secretary and director of the defendant, from a judge’s order, entered in the office of the clerk of the county of New York on the 10th day of February, 1899, directing the examination of Thomas H. Wallace, secretary and director of the defendant, Henry Brock, president and director of the defendant, and A. W. Hatton, director of the defendant; also from two orders made at the New York Special Term and entered in the office of the clerk of the county of…
1Opinion of the Court
Rumsey, J. :
The order of January seventh, requiring the defendant’s officers to appear and submit to an examination, was a judge’s order made ex parte. The remedy, if it was irregular or improper, was by -a motion to set it aside and not by appeal. The appeal, therefore, from this order was unauthorized and must be dismissed.
The order for a bill of particulars required of the plaintiff to give to the defendant certain information which the defendant’s books alone contained. It was, therefore, important, before the plaintiff could comply with this order and make the bill of particulars, that…
2Cases cited1 opinion
- People v. ArmourAppellate Division of the Supreme Court of the State of New York · 1897