Elmes v. Duke

This is a motion to vacate an order for the examination of Duke and Byan, two of the defendants, for the purpose of enabling the plaintiff to frame her complaint. The circumstances under which the motion is made are the same as in the case of Butler v. Duke, and the moving affidavits contain all the material facts alleged in the moving affidavit in that case, and also add thereto the following, statement of the purpose and nature of the action and the judgment demanded herein. The plaintiff is a stockholder in the American Tobacco Company. The individual defendants are the directors of that…