Feingold v. . Walworth Bros., Inc.
New York Court of Appeals
1Opinion of the CourtPound, J.
Civil Practice Act, section 324 (Code Civ. Pro. § 803; Code Pro. § 388; R. S. pt. 3, ch. 1, tit. 3, § 21), empowers a court of record to compel discovery by a party in an action of books, documents, other papers, or articles or property in his possession relating to the merits of the action. Civil Practice Act, section 325 (Code Civ. Pro. § 808; R. S. pt. 3, ch. 1, art. 3, § 26), provides the penalty for disobedience as follows:
“ § 325. Penalty for disobedience. Where an order directs a discovery or inspection, the party in whose behalf it was made upon proof that the adverse party has failed…
2Cases cited4 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
- Walker v. . WalkerNew York Court of Appeals · 1880
- Osterhoudt v. . Prudential Insurance Company of AmericaNew York Court of Appeals · 1914
3Cited by27 opinions
- Northway Eng'g v. FELIX INDUSNew York Court of Appeals · 1991
- Oak Beach Inn Corp. v. Babylon Beacon, Inc.New York Court of Appeals · 1984
- Mitchell v. WatsonWashington Supreme Court · 1961
- People v. George Henriques & Co.New York Court of Appeals · 1935
- Peters v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1927
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