Pender v. . Mallett

Clark, J.:

The Court overruled the demurrer, gave the defendant time till the 20th May, to file answer, and ordered that defendants appear before the Clerk to be examined under oath concerning the matters set out in the pleadings, Code, Section 580 et seq. The defendant excepted to the order and the judgment, but the Court being of opinion that an appeal did not lie, noted the exception and directed the Clerk not now to send up a transcript. The defendants thereupon applied, after notice to the plaintiff, to this Court for a certiorari. It is true that an appeal from the order of examination…