Butler v. Duke
New York Supreme Court
Motion to vacate an ex parte order for the examination of two of the defendants to enable the plaintiff to frame his complaint.
1Opinion of the CourtClarke, J.
An action has been commenced by the service of a summons and an order for the examination of Duke and Ryan, two of the defendants, has been granted ex parte for the purpose of enabling the plaintiff to frame his complaint, pursuant to article 1, title LEI, chapter IX of the Code of Civil Procedure. This motion is made to vacate the order, claiming that the affidavit upon which the order was issued is insufficient. The material facts stated in the plaintiff’s moving affidavit, as of his knowledge, are: That the defendants Duke and Ryan are directors of the American Tobacco Company and of the…
2Cases cited18 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Greaves v. . GougeNew York Court of Appeals · 1877
- Rothmiller v. . SteinNew York Court of Appeals · 1894
- Bruff v. . MaliNew York Court of Appeals · 1867
- Cazeaux v. MaliNew York Supreme Court · 1857
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3Cited by2 opinions
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
- Hill v. ReynoldsCourt of Appeals of Georgia · 1917