Hunt v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dora Sullivan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 30th day of October, 1902, denying a motion to vacate an order for the examination of the defendant before trial.
1Opinion of the Court
Hirschberg, J.:
Two reasons are assigned why the order should be reversed, viz., the insufficiency of the affidavit on which the order for the defendant’s examination was granted and the fact that the plaintiff is stayed by the terms of section 779 of the Code of Civil Procedure because he has not paid the costs imposed by. this court on appeal from a prior order for the examination of the defendant.
The plaintiff had procured an ex parte order for the examination of the defendant before trial and the defendant appealed to this court from an order denying her motion to vacate such order. We…
2Cases cited4 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Patchen v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Wasserman v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1904
- Cohen v. KrulewitchAppellate Division of the Supreme Court of the State of New York · 1903