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Semple v. County Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1938
255 App. Div. 794 (N.Y. App. Div. 1938)

Summary

In Semple v. County Trust Co. (255 App. Div. 794) the court says: "The granting of a motion to place the minutes of the grand jury at the disposal of a litigant in a civil action does not rest within discretion.

Summary of this case from Dworetzky v. Monticello Smoked Fish Co.

Opinion

October 14, 1938.


Cross-appeals from an order granting in part and otherwise denying the motion of the plaintiff for an inspection of the minutes of a grand jury. Order modified by striking out the provision for the inspection of the testimony of Charles M. Miller, deceased, and by providing that the motion for inspection of the grand jury minutes be denied in its entirety. As so modified, the order is affirmed, with ten dollars costs and disbursements to appellant and respondent County Trust Company. The granting of a motion to place the minutes of the grand jury at the disposal of a litigant in a civil action does not rest within discretion. The court has no jurisdiction to grant such an application. ( Mann v. Delaware, L. W.R.R. Co., 99 Misc. 358; affd., without opinion, 177 App. Div. 952. See, also, Lewis v. Roux Trucking Corporation, 222 id. 204.) Hagarty, Carswell, and Johnston, JJ., concur; Lazansky, P.J., and Davis, J., concur in result.


Summaries of

Semple v. County Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1938
255 App. Div. 794 (N.Y. App. Div. 1938)

In Semple v. County Trust Co. (255 App. Div. 794) the court says: "The granting of a motion to place the minutes of the grand jury at the disposal of a litigant in a civil action does not rest within discretion.

Summary of this case from Dworetzky v. Monticello Smoked Fish Co.
Case details for

Semple v. County Trust Company

Case Details

Full title:T. DARRINGTON SEMPLE, as Administrator with the Will Annexed, De Bonis…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1938

Citations

255 App. Div. 794 (N.Y. App. Div. 1938)

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