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28 A.D. 72

In re Griscom

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898

Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01

Appeal by the German Government, the Royal Prussian See-Amt and Rudolf Dulon, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 19th day of October, 1897, vacating and setting aside a subpoena directed to Clement Acton Griscom, Jr., requiring him to appear before Rudolf Dulon, Esq., as commissioner appointed by the Royal Prussian See-Amt.

Decided 1898-07-01

Barrett, J. :

¶1Under section 1294 of the Code of Civil Procedure it is only “ a party aggrieved ” by an order of the Special Term who may appeal therefrom. There is no such party here. . The German Government is not a party to the proceeding, either here or abroad. Indeed, there is no such party, in a legal sense, as the German Government. That is but the popular appellation given to a defined national entity or body politic,

¶2Hor is the “ See-Amt ” a party. It is the investigating body, and such a body cannot be a party before itself. If it cannot be a party before itself it cannot well be a party here. Lastly, the commissioner is not in any sense a party. It is quite clear, therefore, that there is no party aggrieved by the order appealed from, within the meaning of the Code, and consequently the appeal must be dismissed.

¶3Van Brunt, P. J., Rumsey, Patterson and McLaughlin, JJ., concurred.

¶4Appeal dismissed.

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