Matter of Attorney-General
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 31, 1897, affirming an order of a justice of the Supreme Court vacating, on motion of Robert M. Olyphant, an order made by such justice ex parte on the 12th day of May, 1897, requiring Olyphant to appear and submit to an examination before the bringing of an action under the provisions of chapter 383 of the Laws of 1897. The facts, so far as material, are…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 31, 1897, affirming an order of a justice of the Supreme Court vacating, on motion of Robert M. Olyphant, an order made by such justice ex parte on the 12th day of May, 1897, requiring Olyphant to appear and submit to an examination before the bringing of an action under the provisions of chapter 383 of the Laws of 1897. The facts, so far as material, are stated in the opinion. An appeal lies from the order of the Appellate Division to this court. (Code Civ. Pro. §§ 190,…
1Opinion of the CourtHaight, J.
On the 12th day of May, 1897, the attorney-general presented to Justice Chester of the Supreme Court, a petition asking for the examination of Olyphant and others, pursuant to chapter 383, laws of 1897. The order was granted, but subsequently, upon motion of the persons summoned to appear for examination, was vacated by the justice who granted it. The order vacating the order for examination was affirmed in the Appellate Division upon the ground that the papers upon which the original order was issued were insufficient, and from the order of affirmance this appeal is taken.
We think this order…
2Cases cited5 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- Rochester Lamp Co. v. BrighamAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Wetmore v. Supervisors of New YorkNew York Court of Appeals · 1865
3Cited by17 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
- Matter of HardyNew York Court of Appeals · 1915
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