Adriance v. Sanders
This text of 11 Abb. N. Cas. 422 (Adriance v. Sanders) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The party prosecuting a civil action is styled the plaintiff (Code Civ. Pro. § 3338). This action is maintained (or prosecuted) by the grantee, in the name of the grantor, as provided in section 1501 of the Code of Civil Procedure. Therefore, the grantee, and not the grantor, is the real plaintiff. The court may compel a party to the action to produce any books, [423]*423&c., in his possession, but has no power to compel a person not a party to produce such books, &c., under section 803 of the Code of Civil Procedure, (See, also, Hale v. Rogers, 22 Hun, 19 ; Elmore v. Hyde, 2 Abb. N. C. 129, 133 ; Strong, v. Strong, 3 Robt., 675).
The motion is denied, with $10 costs.
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11 Abb. N. Cas. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adriance-v-sanders-nysuperctnyc-1882.