Boorman v. Atlantic & Pacific Railroad

New York Supreme Court

Boorman v. Atlantic & Pacific Railroad

24 N.Y. Sup. Ct. 555

DecidedMay 15, 1879

StatusPublished

This text of 24 N.Y. Sup. Ct. 555 (Boorman v. Atlantic & Pacific Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boorman v. Atlantic & Pacific Railroad, 24 N.Y. Sup. Ct. 555 (N.Y. Super. Ct. 1879).

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Opinion

Per Curiam :

The examination of the directors named in this proceeding was not authorized, unless within the purview of section 870 of the Code of Civil Procedure. As they are not parties the statue does not apply to them. (The People v. The Mutual Gas-light Co., W’kly Dig. [September 24, 1878], p. 204.) The production of the books and papers was a part of the proceeding to examine, and in the nature of a subpoena duces tecum, and fails therefore, inasmuch as the order was made without authority. The learned judge properly vacated it.

Order affirmed, with ten dollars costs and disbursements of the appeal.

Present — Brady, P. J., and Potter, J.

Order affirmed, with ten dollars costs and disbursements.

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Per Curiam :

The examination of the directors named in this proceeding was not authorized, unless within the purview of section 870 of the Code of Civil Procedure. As they are not parties the statue does not apply to them. (The People v. The Mutual Gas-light Co., W’kly Dig. [September 24, 1878], p. 204.) The production of the books and papers was a part of the proceeding to examine, and in the nature of a subpoena duces tecum, and fails therefore, inasmuch as the order was made without authority. The learned judge properly vacated it.

Order affirmed, with ten dollars costs and disbursements of the appeal.

Present — Brady, P. J., and Potter, J.

Order affirmed, with ten dollars costs and disbursements.

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Bluebook (online)

24 N.Y. Sup. Ct. 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boorman-v-atlantic-pacific-railroad-nysupct-1879.