Hagerty v. Pinelawn Cemetery

Miller, J.:

This is an action for fraud and deceit. The complaint and the affidavit upon which the order was obtained have two characteristics in common, length and irrelevancy. However, the complaint does contain at least one averment of a false representation, and doubtless upon a proper affidavit the plaintiff would be entitled to an examination of the defendant to obtain testimony to use upon the trial for the purpose of proving the falsity of that representation. But the affidavit does not state that that is the purpose.of the examination or that the plaintiff intends to use the testimony…