New York Supreme Court December 15, 1856 (Ahoyke v. Wolcott)

Davies, J.

—Section 33 of the Revised Statutes referred to (2 Dev. Stats., 3 ed. 262, § 33), directs that any order for discovery granted in pursuance of the provisions of the statute may be vacated on the following grounds:

1. On satisfactory evidence that it ought not to have been granted.

2. On the discovery sought being made.

3.