Legal Opinion

Ziegler v. Lamb

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1896PublishedCited by 4 opinions

Appeal by the defendant, Hugh Lamb, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1896, denying the defendant’s motion to vacate an order for his examination before trial.

1Opinion of the Court

Per Curiam :

This order should be reversed. The plaintiff makes no affidavit upon which to obtain the order for the examination of the defendant before trial. His attorney alone makes the affidavit.

But, further, it clearly appears from the attorney’s affidavit that he does not need the defendant’s examination for the purpose to which he refers, namely, the purpose of amending his complaint by *48setting up the real owners of the land. The defendant admits that he has the legal title to the property, and that is sufficient. There is no provision allowing the examination of a party to an action…

2Cited by4 opinions

  1. In re the Estate of PequenoNew York Surrogate's Court · 1941
  2. Tenoza v. Pelham Hod Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1900
  3. In re FultonAppellate Division of the Supreme Court of the State of New York · 1902
  4. Boyle v. Consolidated Gas Co.New York Supreme Court · 1905

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