Clark v. Ennis

The defendants are stockbrokers and the plaintiff is their customer. The action is based on a stock trans*340action or transactions, and plaintiff obtained an order to examine the defendants in order to frame his complaint. The defendants move to set aside the said order, which was granted ex parte, on the ground that “ the papers upon which it was granted fail to show facts sufficient and necessary to bring the ease within sections 870, 871, 872 and 873 of the Code, and that the plaintiff has failed to comply with the provisions and requirements of said sections.” The allegations of the said…