St. John v. Buckley
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Orange county. Action by Stephen St. John against Wade Buckley and others. From an order vacating an order of the special county judge of Orange county for examination of defendant Whittaker, plaintiff appeals.
1Per curiam
This order may be sustained on the ground that the application for the examination of the defendant Whittaker is premature, as it appears that the plaintiff has information enough *636on which to frame a complaint. But we think it clear that, after issue joined, the plaintiff will have the right to examine that defendant as to the whole transaction through which she acquired the judgment in controversy.
The order should be affirmed, without costs, and without prejudice to an examination of the respondent Whittaker after issue joined.
2Cited by3 opinions
- Punia v. Dry Dock Savings BankAppellate Division of the Supreme Court of the State of New York · 1952
- Hutchinson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1902
- Elmes v. DukeNew York Supreme Court · 1902