Legal Opinion

In re Schlotterer

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1905PublishedCited by 2 opinions

Appeal from Special Term. Application by Louisa Schlotterer, an infant, for an order to examine the Brooklyn & New York Ferry Company and another. From an order granting an examination, the ferry companies appeal. Reversed.

1Opinion of the CourtMiller, J.

The respondent has obtained an order for the examination of two corporations, for the purpose of enabling her to frame a complaint in an action which she alleges she is about to bring against said corporations, and, from the order of the Special Term denying the motion to vacate said order, this appeal is taken.

No claim is made that the examination is desired for the purpose of perpetuating testimony, and the appellants insist that section 870 et seq. of the Code of Civil Procedure do not. authorize the examination of a party before action brought, except for the sole purpose of perpetuating…

2Cases cited4 opinions

  1. Glenney v. . StedwellNew York Court of Appeals · 1876
  2. Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
  3. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  4. In re Ketchum's ApplicationNew York Court of Common Pleas · 1880

3Cited by2 opinions

  1. Jonas v. Superior CourtCalifornia Court of Appeal · 1934
  2. In re BeschNew York Supreme Court · 1910

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