Pots v. Herman
New York Court of Common Pleas
Appeal from city court, general term. Action by Theodore Pots against Jacob Herman to recover $750, alleged to be due as commissions for the sale of goods by-plaintiff for defendant. From an order denying a motion to vacate an order for the examination of defendant, so as to enable plaintiff to prepare his complaint, defendant appeals. Reversed.
1Opinion of the CourtPryor, J.
The respondent objects, in limine, that the order is not the subject of review by this court. We have no- jurisdiction to entertain an appeal from an order which the city court has granted in the exercise of its discretion. Keller v. Feldmann, (Com. Pl. N. Y.) 21 N. Y. Supp. 581. An order for the examination of a party before trial, if the requisite facts be presented, is discretionary, and so is not open to revision by us on appeal from the city court. Robinson v. Cornish, (Com. Pl. N. Y.) 12 N. Y. Supp. 929; Finlay v. Chapman, 119 N. Y. 404 23 N. E. 740; Jenkins v. Putnam, 106 N. Y. 276, 12…
2Cases cited9 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- Keller v. FeldmannNew York Court of Common Pleas · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Butler v. DukeNew York Supreme Court · 1902
- In re the Application for an Examination of SayreAppellate Division of the Supreme Court of the State of New York · 1902
- Dodd v. AverillNew York Court of Common Pleas · 1895
- Elmes v. DukeNew York Supreme Court · 1902
- In re Porter Screen Mfg. Co.Appellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.