Fahrney v. Eller

I dissent. If the plaintiff is to be examined before trial, at this time, no reason has been shown why such an examination should not be had after the conclusion of the defendant’s examination before trial.

In the absence of special circumstances, the plaintiff should have the right to examine first. The fact that defendant moved for an examination before trial a week before the plaintiff made a similar motion does not warrant a departure from this practice particularly where plaintiff’s motion was originally returnable March 20, 1950, and defendant’s motion was originally returnable on April…