Shafer v. McIntyre
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James H. Hyde, from so much of an order of the Supreme Court made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 8th day of June, 1906, as settles and allows certain cross-interrogatories propounded by the plaintiff to said defendant. Also a motion by-the plaintiff to dismiss the appeal upon the ground that said order is not appealable.
1Opinion of the Court
Kellogg, J.:
Where interrogatories are allowed which are clearly irrelevant and are for some ulterior or improper purpose, the court on appeal may disallow them. (Walton v. Godwin, 54 Hun, 387 ; Hemenway v. Knudson, 21 N. Y. Supp. 679 ; Gilpin v. Daly, 12 id. 448) Those cases disregarded the suggestion in the prior case of Uline v. N. Y. C. & H. R. R. R. Co. (79 N. Y. 175) that an order allowing interrogatories was not appealable because the court at the trial is ultimately to determine whether the question was proper or not and, therefore, the order did not affect a substantial right. The…
2Cases cited3 opinions
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Walton v. GodwinNew York Supreme Court · 1889
- Hemenway v. KnudsonNew York Supreme Court · 1893
3Cited by3 opinions
- In re the Probate of the Last Will & Testament of HernandezAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Probate of the Last Will & Testament of HernandezNew York Supreme Court · 1913
- Brown v. GoldenAppellate Division of the Supreme Court of the State of New York · 1958