McGuire v. McGuire
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Catherine McGuire and another, from an order of the Supreme Court, made at the New York Special Term, bearing date the 20th day of August, 1901, and entered in the office of the clerk of the county of New York, denying said defendants’ motion to vacate an prder for their examination before trial.
1Opinion of the Court
Patterson, J.:
This is an appeal from an order denying a motion of the defendants Catherine and Philip McGuire to vacate an order requiring them to appear and be examined, to enable the plaintiff to prepare for the trial of this action. On the return day of the order for the examination, the defendants named moved orally to vacate the order upon the papers upon which the same was granted. The justice at Special Term denied the motion to vacate, on the ground that the *75plaintiff’s papers showed the propriety and necessity of the defendants’ examination.
The only papers before the court on the…
2Cited by2 opinions
- McCoy v. Mutual Reserve Life Ins.City of New York Municipal Court · 1903
- McCoy v. Mutual Reserve Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903