Legal Opinion
In re the Estate of Smathers
New York Surrogate's Court
Decided May 4, 1934PublishedCited by 5 opinions
1Opinion of the Court
Slater, S.
This motion is made for the examination of Ray L Erb as an adverse party before trial, pursuant to sections 288 and 292 of the Civil Practice Act and rule 122 of the Rules of Civil Practice, and, in so far as it relates to a discovery and inspection of documents, is made pursuant to section 324 of the Civil Practice Act and rule 140 of the Rules of Civil Practice.
It is proper to join the application for examination and the application for inspection and discovery of documents in the same motion. This has been done in the instant case.- (Fey v. Wisser, 206 App. Div. 520 [2d Dept.].)
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2Cases cited7 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Oshinsky v. GumbergAppellate Division of the Supreme Court of the State of New York · 1919
- Fey v. WisserAppellate Division of the Supreme Court of the State of New York · 1923
- Murphy v. KeenanNew York Supreme Court · 1917
- Bencoe v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union Trust Co. v. Superior CourtCalifornia Supreme Court · 1938
- In re the Estate of DimonNew York Surrogate's Court · 1935
- Andrews v. StateNew York Court of Claims · 1957
- In re the Estate of WagenheimNew York Surrogate's Court · 1937
- Nussbaum v. FishmanCivil Court of the City of New York · 1972