Cauet v. Smith

This is a motion to vacate an order for the examination before trial of the defendant Smith. The order was made solely npon the affidavit of the plaintiff. The motion now made is based upon four grounds: (1) That the requirement of subdivision 2 of section 872 of the Code of Civil Procedure has not been observed in said affidavit in that the substance of the judgment demanded is not set forth; (2) that said order requires the production of the books and papers of the defendant; (3) that the application is not made in good faith; (4) that the complaint does not state facts constituting a cause…