Dudley v. Press Pub. Co.
New York Supreme Court
Appeal from special term, Hew York county, from an order denying a motion to vacate or limit an order extending the defendant’s time to answer. In denying the motion along with similar motions in other actions by the same plaintiff Justice Patterson said: “The motions to vacate orders extending time to answer, or to limit the time granted, must be denied in each of these actions.
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Appeal from special term, Hew York county, from an order denying a motion to vacate or limit an order extending the defendant’s time to answer. In denying the motion along with similar motions in other actions by the same plaintiff Justice Patterson said: “The motions to vacate orders extending time to answer, or to limit the time granted, must be denied in each of these actions. The defendants obtained orders for the examination of the plaintiff, and to enable them to prepare their respective answers, and, upon examining the papers upon which such orders were obtained, it is clear that they…
1Opinion of the CourtDaniels, J.
This action was commenced on the 3d of Hovember, 1888, to recover damages for the publication of an alleged libel. The complaint was served on the 20th of the same month, and when the-time for the defendant to answer was about to expire an order was made extending it. This order was obtained chiefly because of the inability of the defendant’s attorney to serve upon the plaintiff an order for his examination, made under the authority of section 872 of the Code of Civil Procedure. This order was made upon the ground that it was necessary that the defendant should examine the plaintiff as a…
2Cited by12 opinions
- Wolf v. Union Waxed & Parchment Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Dudley v. Press Publishing Co.New York Supreme Court · 1890
- Graziano v. Eagle Pencil Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Witcher v. Tribune Ass'nThe Superior Court of the City of New York and Buffalo · 1891
- Bandmann v. JonesNew York Supreme Court · 1889
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