Russell v. Pace

Order reversed on the law and the facts, with ten dollars costs and disbursements,. and motion to vacate notice of examination denied, on the ground that no sufficient reason appears for not permitting the examination before trial of the defendant, respondent (except as to items 1 and 2). While the action is for alienation of affections, the parties defendant are respectively the father and -mother of plaintiff’s wife. Nothing of a scandalous nature is likely to develop on the examination; and there will be no temptation to use the evidence “ for ulterior purposes ” as is sometimes…