In re Spinks — 168 N.Y. 671

Majority

p. 671

In the Matter of the Petition of Harry C. Spinks, Appellant, to Obtain the Testimony of Francis V. Greene et al., Respondents, as Witnesses in an Action Pending in the Court of Chancery in the State of New Jersey.

Headnote

Matter of Spinhs, 63 App. Div. 235 , appeal dismissed.

(Argued November 11, 1901;

decided November 22, 1901.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 9, 1901, which reversed two orders of Special Term, one denying a motion of the appellants herein to vacate and set aside a subpoena theretofore issued requiring them to,. appear before a commissioner therein named and be examined as witnesses

p. 672

in behalf of the complainant in an action pending in the Court of Chancery of New Jersey, and the other granting petitioner’s motion to- compel the respondent Greene to testify pursuant to said subpoena.

G. H. Engelhard and Nathan Bijur for appellant.

Be Lcmeey Nicoll and Raymond B. Thurber for respondents.

Appeal dismissed, with costs; no opinion.

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Yann and Landon, JJ.

Cases cited

In re Spinks 63 App. Div. 235 N.Y. App. Div. 1901-07-09 p. 671