Thebaud v. Hume
The Superior Court of the City of New York and Buffalo
Appeal from special term. Motion for reargument. Action in ejectment by John J. Thebaud against Eliza Hume and others. From an order “for an examination of plaintiff as to the source and character of tlie title to the lands mentioned in the complaint,” plaintiff appeals.
1Dissent
Hatch, J.,
(dissenting.) An order was made herein at special term, requiring plaintiff to submit to an examination for the purpose of enabling defendants to fi'áme an answer. On appeal, this order has been affirmed. Further examination convinces my mind that, in the disposition of the motion, the court has overlooked a plain distinction between the examination of a party for the purpose of framing a pleading, and where examination is ordered after issue is joined, making application of the rules governing the latter, instead of the former. The sections of the Code which authorize this practice…
2Cases cited10 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Muller v. LevyNew York Supreme Court · 1889
- Glen Cove Manufacturing Co. v. SutroNew York Supreme Court · 1889
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