5 Cow. 27
Decided October 15, 1825
New York Supreme Court · decided 1825-10-15
In waste. One Ellis was the grantee in, and had possession of a deed constituting a link in the plaintiff’s deduction of title; and on an affidavit that he withheld the inspection of this deed from the plaintiff, by means whereof he was embarrassed in setting out his title in the declaration, and could not safely try his cause,
Good law ✅— No negative treatment on recordhow we know
Decided 1825-10-15
Cited by 5 later decisions — most recently June 1935
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1If-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.
¶2Motion denied.