Dudley v. Press Publishing Co.
New York Supreme Court
Appeal from special term, New York county. Action, by William W. Dudley against the Press Publishing Company. Plaintiff appeals from an order denying his motion to vacate an order for his examination before answer, and also to vacate an order providing for the service of the order for examination upon plaintiff personally, wheresoever 'he might be found. For report of a former appeal, see 6 N. Y. Supp. 388.
1Opinion of the CourtDaniels, J.
This action is for the recovery of damages for the publication of an alleged libel, and it was commenced in November, 1888. On the application of the defendant an order was thereafter made directing the plaintiff to appear and submit to an examination for the purpose of supplying the defendant with such information as was sworn to be necessary to enable it to frame and serve its answer, and an order was made extending the time to answer, for the purpose of taking this examination of the plaintiff. The order for his examination was not served upon him for the reason, as it was there stated,…
2Cases cited3 opinions
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- In re ByrneNew York Supreme Court · 1890
- Keenan v. O'BrienNew York Supreme Court · 1889
3Cited by4 opinions
- Boeck v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- James v. PowellAppellate Division of the Supreme Court of the State of New York · 1967
- Farmers' Nat. Bank v. UnderwoodNew York Supreme Court · 1895
- Golin v. Town of MooersNew York Supreme Court · 1889