Flynn v. Roache

The plaintiff moves for an order to strike out the answers of defendants Boland and Roache in each action, because of the failure of defendant Boland to appear before a referee to be examined before trial.

The order to appear was. made by Justice Keogh.

A motion was made to vacate the order, returnable at the Albany Special Term.' That motion was denied.

Upon appeal the Special Term order, denying the motion to vacate the order of Justice Keogh, was affirmed.

Defendant Boland appeared before the referee, was sworn as a witness and, pending the determination of the appeal from the "order denying…