Ball v. Evening Post Publishing Co.
New York Supreme Court
Appeal from order of Erie special term denying motion to vacate order directing the plaintiff to submit to examination at the instance of the defendant.
1Opinion of the CourtBradley, J.
The cause of action alleged is libel. The answer denies the complaint, and alleges matters in justification and mitigation. After the issues were perfected the defendant obtained an order from a justice of this court, directing the plaintiff to appear before the referee appointed by the order, at a time and place therein specified. The motion to vacate the order was made upon the grounds :
1. That the affidavit upon which it was granted did not specify facts showing that the examination was material and necessary, as required by rule 83.
2. That it did not state that the examination was…
2Cases cited1 opinion
- Beach ex rel. Beach v. Mayor of New YorkNew York Supreme Court · 1878