Cherbuliez v. Parsons
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alice K. Cherbuliez, as committee, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 15th day of October, 1907, vacating two prior orders for the examination of.the defendant before trial.
1Opinion of the Court
Gaynor, J.:
■ The complaint alleges that the defendant negligently drove his horse against and upon the ward of the plaintiff, a young lady, in the street. The said ward has been adjudged mentally incompetent since the occurrence, and the action is brought by her committee. The answer is a general denial, except that it admits that the defendant was riding his horse at the time and place alleged in the complaint. The affidavit upon Which the order for the examination of the defendant was obtained contains all the requirements prescribed by section 872 of the Code of Civil Procedure and Rule 82…
2Cases cited2 opinions
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
- McKeand v. LockeAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Tremblay v. LyonNew York Supreme Court · 1941
- Swift v. General Baking Co.New York Supreme Court · 1927
- Cook v. People's Milk Co.New York Supreme Court · 1915
- In re La GraveAppellate Division of the Supreme Court of the State of New York · 1908
- Whitley v. SpeedAppellate Division of the Supreme Court of the State of New York · 1916
4 more not listed; retrieve them via the Exa API.