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Matter of Strong v. . Randall

69 N.E. 721, 177 N.Y. 400, 1904 N.Y. LEXIS 948
CourtNew York Court of Appeals
DecidedFebruary 16, 1904
StatusPublished
Cited by12 cases

This text of 69 N.E. 721 (Matter of Strong v. . Randall) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Strong v. . Randall, 69 N.E. 721, 177 N.Y. 400, 1904 N.Y. LEXIS 948 (N.Y. 1904).

Opinion

Per Gv/riami.

While we are of opinion that proceedings taken under section 915 of the Code of Civil Procedure to punish a witness for contempt in failing to give testimony for use in actions or suits in other states constitute a special proceeding within the definition of the Code, we are also of opinion that the order from which the present appeal is taken, which merely directs the witness to answer specified questions, is interlocutory in its character. The final order in the proceeding will be that which either punishes or refuses to punish the witness for contempt, should he persist in his refusal to *401 testify, and it is such an order only that is appealable to this court, as a matter of right.

The appeal should he dismissed, with costs, and ten dollars costs of motion.

Parker, Oh. J., Gray, O’Brien, Haight, Martin, Vann and Cullen, JJ., concur.

Appeal dismissed.

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Cite This Page — Counsel Stack

Bluebook (online)
69 N.E. 721, 177 N.Y. 400, 1904 N.Y. LEXIS 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-strong-v-randall-ny-1904.