Legal Opinion

Miller v. Kent

New York Supreme Court

Decided July 15, 1880PublishedCited by 9 opinions

This is an appeal by defendant Kent, from an order made by Mr. justice Lawrence denying a motion to vacate his order directing the defendant Kent to appear and submit to an examination under section 873 of the Code of Civil Procedure.

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This is an appeal by defendant Kent, from an order made by Mr. justice Lawrence denying a motion to vacate his order directing the defendant Kent to appear and submit to an examination under section 873 of the Code of Civil Procedure. This action was brought to compel the defendants, Poole & Kent, to account to the plaintiffs for the profits on certain large purchases and sales of lard which the defendants, Kent & Poole, between the 1st day of August, 1879, and the 16th day of January, 1880, made for account of the plaintiffs and others as their brokers and agents, under and in pursuance of…

1Opinion of the Court

Davis, P. J. —

An order was made in this case by Mr. justice Laweexce, requiring the defendant Kent to appear and *325be examined as a party before trial, under section 873 of the Oode of Civil Procedure. A motion was afterward made at special term, at chambers, to vacate the order of examination, which motion was denied, and from the order entered upon such denial this appeal was taken. The point was made on this appeal that the order to show cause on this motion did not specify the irregularities or grounds upon which it was sought to set aside the original order, and that, for that reason, the…

2Cited by9 opinions

  1. Williams v. FolsomNew York Supreme Court · 1889
  2. Judah v. LaneNew York Court of Common Pleas · 1887
  3. MacDonald v. KieferdorfNew York Court of Common Pleas · 1892
  4. McCready v. HaightAppellate Division of the Supreme Court of the State of New York · 1897
  5. McGready v. HaightAppellate Division of the Supreme Court of the State of New York · 1897

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