Grant v. Greene
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William C. Greene and another, from" 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 lltli day of June, 1907, directing that said defendant Greene, individually and as president of the Greene Consolidated Copper Company'and of the Can anea Consolidated Copper Company, be examined as a witness On behalf of the plaintiffs, and his deposition taken pursuant to-the…
Read the full summary
Appeal by the defendants, William C. Greene and another, from" 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 lltli day of June, 1907, directing that said defendant Greene, individually and as president of the Greene Consolidated Copper Company'and of the Can anea Consolidated Copper Company, be examined as a witness On behalf of the plaintiffs, and his deposition taken pursuant to-the provisions of section 873 of the Code of Civil Procedure, and that he appear before a referee named in the order at a…
1Opinion of the Court
Laughlin, J.:
The validity of the order is challenged upon the ground that an order to take the deposition of a party or witness pursuant to the provisions of article 1 of title 3 of chapter 9 of the Code of Civil *762Procedure cannot be made by the court, but only by a judge, but the order from which, the appeal is taken merely fixes a time for the examination to be' had pursuant to a former order duly made by a justice of the Supreme Court. The proceedings on the part of the. plaintiffs had been stayed by an order granted at tlié instance of. tire appellants, until after the time for the…
2Cases cited6 opinions
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Rochester Lamp Co. v. BrighamAppellate Division of the Supreme Court of the State of New York · 1896
- Wiechers v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Newman v. PotterAppellate Division of the Supreme Court of the State of New York · 1922
- Howe v. StuartNew York Supreme Court · 1910
- Grant v. Greene Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Howe v. StuartAppellate Terms of the Supreme Court of New York · 1910