Van Riper v. Ray

This is a motion to set aside an order for the examination before trial of two of the defendants. The action is for the recovery of damages for the alienation of a wife’s affections, and the defendants are the father, mother and stepfather of the wife; and the complaint alleges that they conspired together to, and did, alienate her affections. The answers, made part of the papers, categorically deny all the charges. It is elementary (as true in one cause of action as another) thát to entitle a plaintiff to examine a defendant before trial it must affirmatively appear, specifying facts and…