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In re N. Dain's Sons Company

In the Matter of the Application of N. Dain’s Sons Company, Appellant, for an Order for the Examination of John Lowry, Jr., Respondent, as an Expected Party to an Action

In re N. Dain's Sons Co., 98 N.E. 1102 (N.Y. 1912)
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Court
New York Court of Appeals · State Highest Courts
Decided
January 30, 1912
Citations
98 N.E. 1102204 N.Y. 6231912 N.Y. LEXIS 845
Cited by 3
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1911, which reversed an order of Special Term denying a motion to vacate an order for the examination of the respondent herein as an expected party to an action. The following question was certified: “Whether sections 810 et seq. of the Code of Civil Procedure authorize the examination of a proposed party to an action not yet begun for the purpose of obtaining facts upon which to frame a complaint.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Order affirmed, with costs, and question certified answered in the negative on opinion of Miller, J., in Matter of Schlotterer ( 105 App. Div. 115 ).

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Chase and Collin, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

View all citing references →
1919: 11924: 11934: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Lauffer v. Easter Star Temple210 A.D. 619 (1924)
  2. Jonas v. Superior Court32 P.2d 1114 (Cal. Ct. App. 1934)
  3. Packer v. Hart188 A.D. 926 (1919)

Most recent

  1. Jonas v. Superior Court32 P.2d 1114 (Cal. Ct. App. 1934)
  2. Lauffer v. Easter Star Temple210 A.D. 619 (1924)
  3. Packer v. Hart188 A.D. 926 (1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Schlotterer, 105 A.D. 115 (1905) 6

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