St. Clair Paper Manufacturing Co. v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clarence H. Brown and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of March, 1897, denying their motion to vacate an order for their examination before trial.
1Opinion of the Court
Parker, J. :
The appellants urge that there must he a reversal, because the plaintiff’s- moving affidavit for an order for the examination of the defendants contains no allegation “ that the plaintiff intends to use the proposed deposition of the defendants. * * * upon the trial of this action.”
It is true that the allegation, in so many words, cannot be found in the papers, nor indeed any other statement in which the affiant asserts in express terms that it was the plaintiff’s intention to read the testimony upon the trial. If it were needful, therefore, that the plaintiff should have an…
2Cases cited1 opinion
- Green v. Middlesex RailroadNew York Supreme Court · 1894
3Cited by2 opinions
- Naab v. StewartAppellate Division of the Supreme Court of the State of New York · 1898
- Jacobs v. Mexican Sugar Refining Co.New York Supreme Court · 1904