New York Supreme Court, 1825

Davenbagh v. M'Kinnie

Davenbagh v. M'Kinnie
New York Supreme Court · Decided October 15, 1825
5 Cow. 27

Counsel

A. C. Paige, moved for a rule upon Ellis,

Davenbagh v. M'Kinnie

Opinion of the Court

Curia.

If-the action were upon contract, and the motion unobjectionable on this ground, we would not grant this application. It is aimed against a third person not interested in the cause ; and seeks to pry into his private papers. If the plaintiff deem it material, he must compel its production by subpeena duces tecum, or in some other way than by motion.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.