1 How. Pr. 194
Decided June 15, 1845
New York Supreme Court · decided 1845-06-15
Motion by plaintiff to vacate order of circuit judge, requiring books to be deposited with county clerk.—This motion was made by plaintiff, to vacate the order of the circuit judge, requiring plaintiff to deposit books &c. with the county clerk, on the ground that the plaintiff had given defendant’s attorney leave to examine the books and papers &c. which related only to the suit in controversy, at the store of the plaintiff.
Decided 1845-06-15
¶1The plaintiff can not substitute that mode of examination, as a compliance with the order; he should have deposited his books, &c., according to the order. The motion to vacate the order should have been made before the officer granting it in the first place.
¶2Motion denied with costs.