De Lacy v. Walcott
The Superior Court of the City of New York and Buffalo
Appeal from special term. This is an action by Peter De Lacy against Alfred L. Walcott and others. Plaintiff appeals from an order vacating an order for the examination of defendant to enable plaintiff to frame his complaint. Code Civil Proc.
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Appeal from special term. This is an action by Peter De Lacy against Alfred L. Walcott and others. Plaintiff appeals from an order vacating an order for the examination of defendant to enable plaintiff to frame his complaint. Code Civil Proc. N. Y. § 872, which relates to applications for the examination of parties before trial, and requires the applicant to make a prescribed affidavit, provides, in subdivision 4, that such affidavit shall set forth “that the testimony of such person is material and necessary for the party making such application.” Supreme court rule 83 provides that “the…
1Per curiam
The affidavit on which the order for the examination was based, after giving the usual preliminary statements, proceeded to give the facts that would show the nature of the action, and proceeded as follows: “The complaint to be framed herein will, after the discovery sought, state appropriate allegations, based upon said facts, and demand judgment,” etc. “I do further say I have diligently endeavored to ascertain information and evidence of the details and particulars of the matters hereinbefore set forth, and, as I am informed and believe, my said attorneys have likewise endeavored so to do,…
2Cases cited17 opinions
- Williams v. FolsomNew York Supreme Court · 1889
- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
- Simmons v. HazardNew York Supreme Court · 1890
- Spero v. West-Side BankNew York Supreme Court · 1889
- Strakosch v. Press Publishing Co.New York Supreme Court · 1889
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3Cited by2 opinions
- Pots v. HermanNew York Court of Common Pleas · 1894
- Elmes v. DukeNew York Supreme Court · 1902