Duffy v. Lynch

This court is extieedingly liberal in its construction of that section of the Code which permits parties to a cause to be examined before trial as witnesses at the instance of the adverse parties.

Thus we allow such examination to be had before issue joined, and even before complaint served, a practice which, so far as I am aware, prevails in no other court.

But while the court is thus liberal, it also takes care that its liberality shall not be abused by turning the examination into a mere fishing excursion.

To this end, when a plaintiff seeks to examine a defendant before he serves his…