Glenney v. World Mutual Life Insurance
The Superior Court of New York City
Appeal from an order of the special term denying a motion to vacate an order made for the examination of the defendants before trial and after the service of a summons for relief, and before any pleading had been made in said action. This suit was commenced by the service of a summons only for relief.
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Appeal from an order of the special term denying a motion to vacate an order made for the examination of the defendants before trial and after the service of a summons for relief, and before any pleading had been made in said action. This suit was commenced by the service of a summons only for relief. Immediately after its commencement, the plaintiff, on an affidavit showing the nature and object of the suit, and the materiality of the examination of several of the defendants as parties before trial, applied for the examination of the defendants, Daniel J. Noyes, Henry W. Baldwin, and…
1Opinion of the Court
By the Court.—Freedman, J.
The affidavit upon .which the order for the examination of the defendants was made, fully established the good faith of the application and the materiality of the examination sought. No counter affidavit was presented. If, therefore, the learned judge below had the power to make such an order as was made, he was justified in holding that the plaintiff had complied with all the requirements of the -code, and the rules and practice of the court.
It is insisted, however, that the court never had, or that, if it had, the court since the amendment of the 21st rule by the…
2Cases cited2 opinions
- Bell v. RichmondNew York Supreme Court · 1868
- McVickar v. GreenleafThe Superior Court of New York City · 1865