Jarvis v. Brennan

BEEKMA5Í, J.

This action is on the special term calendar, and will shortly be tried. The plaintiff is 84 years of age, and is confined to her house by sickness. An order has been granted, upon her application, providing for her examination before trial, the order appointing a referee before whom the examination is to be had. A motion is now made to vacate this order, on the ground, principally, that subdivision 5 of section 872 of the Code of Civil Procedure prohibits the examination of a party where the ground for such examination is physical infirmity, and this claim is based upon the last…