Buckley v. Buckley

This is a motion by the defendant-husband to vacate the plaintiff wife’s notice to examine him before trial. The complaint contains two causes of action — one for separation on the grounds of claimed abandonment and nonsupport, and the other to recover moneys that the plaintiff alleges she was required to expend for necessaries for herself. The stipulations and communications between counsel do not *982so clearly indicate that defendant intentionally waived his right to object to the examination as to warrant invoking the principle of estoppel relied upon by the plaintiff. I shall therefore…