Immerman v. Immerman

This is an appeal from an order denying defendant’s motion to vacate a notice of examination before trial. The action is brought for a decree of separation on the ground of abandonment and non-support. The plaintiff claims that a common-law marriage was entered into between the parties in September, 1922, and the notice requires an examination of the defendant upon all the allegations of the complaint'. This will permit an examination as to the personal relationship alleged to exist between the parties over a period of years. The learned justice at Special Term denied the motion to vacate,…