5 Daly 412 | New York Court of Common Pleas | 1874
The mode of obtaining an inspection of
The mode of obtaining an inspection and copy of a particular paper is pointed out by sec. 388 of the Code of Procedure. The examination of a party before trial under sections 390 and 391 of the Code and Bule 21 is wholly distinct from the foregoing remedies, and does not include any more than it supersedes them. The case of Bonesteel v. Lynde (8 How. Pr. 226), does not sustain the order, for that was a subpoena duces teeum served upon a party upon the trial.
In the case of People v. Dyckman (24 How. Pr. 222), the point was not directly involved, and the case was subsequently overruled. The better authority is contained in Hauseman v. Sterling (61 Barb. 347), and Woods v. De Figaniere (16 Abb. Pr. 1).
Order reversed.
Present—Daly, Ch. J., and J. F. Daly, J.